Opinion
Argued October 13, 1977
Decided November 17, 1977
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, NATHAN R. SOBEL.
Robert H. Silk for appellant.
Morris Schulslaper for respondent.
MEMORANDUM.
Appeal dismissed, with costs. The purportedly direct and dispositive constitutional issues underlying this appeal are no more than a restatement of questions whose merit has been clearly resolved against appellant's position (Matter of Malpica-Orsini, 36 N.Y.2d 568, app dsmd sub nom. Orsini v Blasi, 423 U.S. 1042), and must be held to lack the degree of substantiality necessary to sustain this appeal as of right under CPLR 5601 (subd [b], par 1) (Tabankin v Codd, 40 N.Y.2d 893; People ex rel. Uviller v Luger, 38 N.Y.2d 854; see N Y Const, art VI, § 3, subd b). Accordingly, it must be dismissed (Cohen and Karger, Powers of the New York Court of Appeals, § 55, p 254).
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.
Appeal dismissed.