the Adoption of David A. C., Matter of
| Decision Date | 17 November 1977 |
| Citation | 43 N.Y.2d 708,401 N.Y.S.2d 208 |
| Parties | , 372 N.E.2d 42 In the Matter of the ADOPTION OF DAVID A. C. (anonymous). KAZIM M. et al., Respondents, v. ABDIEL C., Appellant. In the Matter of the ADOPTION OF DENISE C. (anonymous). KAZIM M. et al., Respondents, v. ABDIEL C., Appellant. |
| Court | New York Court of Appeals Court of Appeals |
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, 370 N.Y.S.2d 511, 331 N.E.2d 486, app. dsmd. sub nom. Orsini v. Blasi, 423 U.S. 1042, 96 S.Ct. 765, 46 L.Ed.2d 631), 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, 389 N.Y.S.2d 362, 357 N.E.2d 1017; People ex rel. Uviller v. Luger, 38 N.Y.2d 854, 382 N.Y.S.2d 58, 345 N.E.2d 601; 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).
Appeal, 56 A.D.2d 627, dismissed.
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