
    Sheldon Weinbaum et al., Appellants, v Mario M. Cuomo, as Governor of the State of New York, et al., Respondents.
    Submitted December 11, 1995;
    decided January 16, 1996
   Concur: Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Levine and Ciparick. Judge Smith dissents and votes to retain jurisdiction on the ground that the allegations of racial discrimination in the funding of City University of New York and State University of New York present substantial constitutional questions and support an appeal as of right pursuant to CPLR 5601 (b) (1).  