Di Bella v. Di Bella
Cases that cite this one
8 later published cases cite this decision.
- Hudson View Park Co. v. Town of Fishkill (N.Y. 2025)
- Jones v. Harrold (Appellate Division of the Supreme Court of New York 1996)
- Lichtman v. Grossbard (N.Y. 1988)
- Greenspan v. Dutchess County Board of Cooperative Educational Services (Appellate Division of the Supreme Court of New York 1983)
- MTR OF CAMPERLENGO v. Blum (N.Y. 1982)
- Gorsky v. Gorsky (New York Supreme Court 1981)
- Tumolillo v. Tumolillo (N.Y. 1980)
- Terwilliger v. Terwilliger (New York Supreme Court 1980)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
OPINION OF THE COURT
Memorandum.
Order affirmed for the reasons stated in the memorandum of the Appellate Division. In addition, plaintiffs constitutional challenge to the statute on equal protection grounds, having been raised for the first time on this appeal, is not entitled to be reviewed by us. It has long been the settled rule that, unless a constitutional argument is properly raised for decision below, it will not be considered in this court (see National Organization for Women v State Div. of Human Rights, 32 NY2d 940; Cohen and Karger, Powers of the New York Court of Appeals, § 162, pp 630-631; § 169, p 641).
Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur.
Order affirmed, with costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.