¶1*952On the Court’s own motion, appeal transferred, without costs, by the Court of Appeals, sua sponte, to the Appellate Division, Third Department, upon the ground that a direct appeal does not lie when 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]). Motion for poor person relief dismissed as academic.
83 N.Y.2d 951
Rosel v. Hart
Decided June 21, 1994
New York Court of Appeals · decided 1994-06-21
Decided 1994-06-21