Legal Opinion

Tabankin v. Codd

New York Court of Appeals

Decided October 19, 1976PublishedCited by 6 opinions

1Opinion of the Court

*894Appeal dismissed, with costs. Since the constitutional issues on the basis of which this appeal is taken are but a restatement of questions whose merit has been clearly adjudicated against appellant’s position (e.g., United States v Miller, 307 US 174; Presser v Illinois, 116 US 252, 265; United States v Cruikshank, 92 US 542, 553; Matter of Moore v Gallup, 267 App Div 64, 67, affd 293 NY 846; Burton v Sills, 53 NJ 86, app dsmd 394 US 812; United States v Karnes, 437 F2d 284, cert den 402 US 1008), they must be held to lack the requisite substantiality to sustain this appeal as of right under…

2Cases cited7 opinions

  1. United States v. CruikshankSupreme Court of the United States · 1876
  2. United States v. MillerSupreme Court of the United States · 1939
  3. Presser v. IllinoisSupreme Court of the United States · 1886
  4. Burton v. SillsSupreme Court of the United States · 1969
  5. Moore v. GallupAppellate Division of the Supreme Court of the State of New York · 1943

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3Cited by6 opinions

  1. Klenosky v. New York City Police DepartmentNew York Court of Appeals · 1981
  2. New York Public Interest Research Group, Inc. v. New York State Thruway AuthorityNew York Court of Appeals · 1990
  3. Demyan v. MonroeAppellate Division of the Supreme Court of the State of New York · 1985
  4. In re the Adoption of David A. C.New York Court of Appeals · 1977
  5. Laier v. McGuireAppellate Division of the Supreme Court of the State of New York · 1985

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