Esler v. Walters

53 N.Y.2d 642 | NY | 1981

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 where questions other than the constitutional validity of a statutory provision are involved (NY Const, art VI, § 3, subd b, par [2] ; § 5, subd b; CPLR 5601, subd [b], par 2).