discussed Cited "see" Matter of Riedman Acquisitions, LLC v. Town Bd. of Town of Mendon A constitutional claim is insubstantial "only if its unsoundness so clearly results from the previous decisions of [the courts] as to foreclose the subject and leave no room for the inference that the questions sought to be raised can be the subject of controversy" ( Hagans v Lavine , 415 US 528, 538 [1974] [internal quotation marks omitted]; see Ex parte Poresky , 290 US 30, 32 [1933], reh denied 366 US 922 [1961]; Cerberus Props., LLC v Kirkmire , 121 AD3d 1556, 1558 [4th Dept 2014]; see generally Matter of Johnson v Blum , 58 NY2d 454, 458 [1983]).