Jones v. Smith

Full title: JIMMY E. JONES, Appellant, v. LUKE SMITH, as Acting Commissioner of the…

Court: Court of Appeals of the State of New York

Date published: Sep 14, 1995

86 N.Y.2d 812 (N.Y. 1995)

632 N.Y.S.2d 497

656 N.E.2d 596

Opinion

Submitted August 28, 1995

Decided September 14, 1995

Appeal transferred, without costs, by the Court of Appeals, sua sponte, to the Appellate Division, Second Department, upon the ground that a direct appeal does not lie when questions other than the constitutional validity of a statutory provision are involved (NY Const, art VI, § 3 [b] [2]; § 5 [b]; CPLR 5601 [b] [2]).