Pausley v. Chaloner

36 N.Y.2d 917 | NY | 1975

On the court’s own motion, appeal transferred to the Appellate Division, Third Department, without costs, 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, § 5, subd b; CPLR 5601, subd [b], par 2; see Glass v Thompson and Carson v Thompson, 36 NY2d 838).