In re the Intermediate Accounting of Van Dyk Berg (35 N.Y.2d 966, 1974)

Motion to dismiss the appeal granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that no substantial constitutional question is involved on the appeal since none was properly raised in the courts below (Rector of Church of Holy Trinity v. Melish, 301 N. Y. 679; Cohen and Karger, Powers of the New York Court of Appeals, § 55, subd. [b], p. 251).