New York Court of Appeals, 1974

Vizzi v. Town Board

Vizzi v. Town Board
New York Court of Appeals · Decided May 8, 1974
34 N.Y.2d 738; 313 N.E.2d 790

Vizzi v. Town Board

Opinion of the Court

Motions granted and appeals dismissed, without costs. Treating the appeal from the judgment as one pursuant to CPLR 5601 (subd. [d]), the order brought up for review presents only issues which are moot. Treating the appeal from the judgment as one pursuant to CPLR 5601 (subd. [b], par. 2), the constitutional validity of a statutory provision is not the only question involved on the appeal. The order of the Appellate Division does not finally determine the action within the meaning of the Constitution.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.