Merced v. Fisher
New York Court of Appeals
Merced v. Fisher, 37 N.Y.2d 942 (N.Y. 1975)
343 N.E.2d 288; 380 N.Y.S.2d 649; 1975 N.Y. LEXIS 2343
Merced v. Fisher
Opinion of the Court
Motion for leave to prosecute the appeal as a poor person dismissed as academic.
On the court’s own motion, appeal transferred to the Appellate Division, Second Department, without costs. 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; Matter of Bartsch v State of New York, 33 NY2d 938.)
Reference
- Full Case Name
- In the Matter of Francisco Merced, on His Own Behalf and on Behalf of all Others Similarly Situated v. Arnold R Fisher, as Commissioner of Motor Vehicles
- Status
- Published