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New York Court of Appeals, 1982

People ex rel. Buttery v. Smith

People ex rel. Buttery v. Smith
New York Court of Appeals · Decided February 9, 1982
55 N.Y.2d 921; 449 N.Y.S.2d 30; 433 N.E.2d 1278; 1982 N.Y. LEXIS 3110
People ex rel. Buttery v. Smith

Opinion of the Court

Appeal transferred, without costs, to the Appellate Division, Fourth Department, by the Court of Appeals sua sponte. 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).

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