New York Court of Appeals, 1972

People ex rel. Littlejohn v. Warden

People ex rel. Littlejohn v. Warden
New York Court of Appeals · Decided June 7, 1972
30 N.Y.2d 860; 286 N.E.2d 733; 335 N.Y.S.2d 296; 1972 N.Y. LEXIS 1261

People ex rel. Littlejohn v. Warden

Opinion of the Court

Motion for a preference denied. On the court’s own motion, direct appeal dismissed, without costs, in the following memorandum: The appeal sought to be taken by relators directly to the Court of Appeals from the Supreme Court’s order does not lie under CPLR 5601 (subd. [b], par. 2), since a question other than the constitutionality of statutory provisions is involved. Accordingly, since the court has no jurisdiction to hear the appeal, the motion for a preference should be denied.

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