Di Chiaro v. New York City Police Property Clerk

Full title: In the Matter of FRANK DI CHIARO, Appellant, v. NEW YORK CITY POLICE…

Court: Court of Appeals of the State of New York

Date published: Apr 26, 1973

298 N.E.2d 119 (N.Y. 1973)

298 N.E.2d 119

344 N.Y.S.2d 956

Opinion

Argued March 22, 1973

Decided April 26, 1973

Appeal from the Supreme Court, ALBERT H. BUSCHMANN, J.

Helaine Barnett and Kalman Finkel for appellant.

Norman Redlich, Corporation Counsel ( Leonard Koerner and Stanley Buchsbaum of counsel), for respondent.

Louis J. Lefkowitz, Attorney-General ( Maria L. Marcus and Samuel A. Hirshowitz of counsel), in his statutory capacity under section 71 of the Executive Law.

Appeal dismissed, without costs, upon the ground that the constitutionality of the statute involved was not raised below and may not be raised for the first time in this court. The question may, however, be raised on appeal to the Appellate Division. (Cohen and Karger, Powers of the New York Court of Appeals, § 55, pp. 251, 252.)