In a rare written dissent, Judge Robert S. Smith has taken his six colleagues on the New York Court of Appeals to task for not finding the "substantial constitutional question" that would allow them to review a judge's denial of an attorney's pistol permit. Smith said the court's refusal to hear the appeal highlights the "amorphous definition" that judges have attached to "substantial" and how it is at odds with provisions of the state constitution and state law governing the right to appeal in civil cases.
N.Y. High Court Judge Takes Colleagues to Task Over Constitutional Issue in Gun Case
New York Law Journal
March 5, 2010