Legal Opinion

Gerzof v. Gulotta

New York Court of Appeals

Decided September 3, 1976PublishedCited by 4 opinions

1Opinion of the Court

Cross motion to dismiss the appeal granted only to the extent that the appeal is transferred, on constraint of the Constitution of the State of New York (art VI, § 5, subd b), to the Appellate Division, Second Department (but see NY Const, art VI, § 4, subd i), on the ground that the sole constitutional question presented on this direct appeal is not substantial (see Matter of Gerzof, 45 AD2d 450, mot for lv to app den, app as of right dsmd and stay den 35 NY2d 644, 855, 856; Mildner v Gulotta, 405 F Supp 182, affd 425 US 901).

2Cases cited3 opinions

  1. Mildner v. GulottaDistrict Court, E.D. New York · 1976
  2. Levin v. GulottaSupreme Court of the United States · 1976
  3. In re GerzofAppellate Division of the Supreme Court of the State of New York · 1974

3Cited by4 opinions

  1. Alberts v. CookNew York Court of Appeals · 2008
  2. Chamberlain v. New York State Department of Taxation & FinanceNew York Court of Appeals · 2017
  3. Moody v. New York State Board of ElectionsNew York Court of Appeals · 2017
  4. Sandoval v. MartinezNew York Court of Appeals · 2005