¶1Appeal transferred to the Appellate Division, Second Department, without costs, by the Court of Appeals sua sponte. A direct appeal does not lie where questions other than the constitutional validity of a statutory provision are involved (NY Const, art VI, § 3 [b] [2]; § 5 [b]; CPLR 5601 [b] [2]).
68 N.Y.2d 849
Lack v. Canary
Decided October 9, 1986
New York Court of Appeals · decided 1986-10-09
Decided 1986-10-09