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Matter of Fahey v. Hynes

Court of Appeals of the State of New York
Mar 23, 1978
44 N.Y.2d 680 (N.Y. 1978)

Opinion

Submitted March 6, 1978

Decided March 23, 1978


Motion by respondent to dismiss the appeal herein granted to the extent that the appeal is transferred to the Appellate Division, Fourth Department. 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; Matter of Bartsch v State of New York, 33 N.Y.2d 938).

Motion for a stay dismissed as academic.


Summaries of

Matter of Fahey v. Hynes

Court of Appeals of the State of New York
Mar 23, 1978
44 N.Y.2d 680 (N.Y. 1978)
Case details for

Matter of Fahey v. Hynes

Case Details

Full title:In the Matter of THOMAS M. FAHEY, Doing Business as CASTLE REST NURSING…

Court:Court of Appeals of the State of New York

Date published: Mar 23, 1978

Citations

44 N.Y.2d 680 (N.Y. 1978)
405 N.Y.S.2d 42
376 N.E.2d 203