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McLean v. City of Kingston

Citations: 12 N.Y.3d 848; 909 N.E.2d 85; 881 N.Y.S.2d 392; 2009 N.Y. LEXIS 966

Court: New York Court of Appeals; May 12, 2009; New York; State Supreme Court

Narrative Opinion Summary

The Court of Appeals dismissed the appeal regarding the part of the Appellate Division order that affirmed the Supreme Court's denial of the appellant's motion to renew. This dismissal was made without costs and was initiated by the Court itself, as the specific portion of the order in question does not constitute a final determination of the action as required by the Constitution. Additionally, the Court dismissed the appeal on other grounds, stating that no substantial constitutional question is directly involved, also without costs.

Legal Issues Addressed

Final Determination Requirement under Constitutional Law

Application: The Court of Appeals dismissed the appeal because the order from the Appellate Division did not represent a final determination of the action as required by the Constitution.

Reasoning: This dismissal was made without costs and was initiated by the Court itself, as the specific portion of the order in question does not constitute a final determination of the action as required by the Constitution.

Substantial Constitutional Question Requirement

Application: The appeal was dismissed on the grounds that there was no substantial constitutional question directly involved.

Reasoning: Additionally, the Court dismissed the appeal on other grounds, stating that no substantial constitutional question is directly involved, also without costs.