¶1On the court’s own motion, appeals by appellant infant and appellant mother transferred to the Appellate Division, Third Department, without costs. A direct appeal does not lie where questions other than the constitutional validity of a statutory provision are involved (NY Const, art VI, § 5, subd b; CPLR *8955601, subd [b], par 2; Matter of Bartsch v State of New York, 33 NY2d 938).
40 N.Y.2d 894
In re Borst
Decided October 19, 1976
New York Court of Appeals · decided 1976-10-19
Decided 1976-10-19