Yannett v. Berman

OPINION OF THE COURT

Memorandum.

The appeal as of right in this article 78 proceeding should be dismissed for want of a substantial constitutional question, but on the court’s own motion appellant should be granted leave to appeal. In view of our reversal and dismissal of the indictment for the predicate felony in People v Yannett (49 NY2d 296, decided herewith), the judgment confirming respondents’ determination should be reversed, with costs, and the *752determination made under subdivision 5 of section 2806 of the Public Health Law annulled. That disposition is, however, without prejudice to…