MATTER OF DAVID

MEMORANDUM.

Appeal dismissed, with costs. The purportedly direct and dispositive constitutional issues underlying this appeal are no more than a restatement of questions whose merit has been clearly resolved against appellant's position (Matter of Malpica-Orsini, 36 N.Y.2d 568, app dsmd sub nom. Orsini v Blasi, 423 U.S. 1042), and must be held to lack the degree of substantiality necessary to sustain this appeal as of right under CPLR 5601 (subd [b], par 1) (Tabankin v Codd, 40 N.Y.2d 893; People ex rel. Uviller v Luger, 38 N.Y.2d 854; see N Y Const, art VI, § 3, subd b). Accordingly, it must be dismissed (Cohen and Karger, Powers of the New York Court of Appeals, § 55, p 254).

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

Appeal dismissed.