¶1Appeal transferred, without costs, by the Court of Appeals, sua sponte, to the Appellate Division, First 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]).
89 N.Y.2d 977
Fitzgerald v. Matthews
Decided February 18, 1997
New York Court of Appeals · decided 1997-02-18
Decided 1997-02-18