Matter of John Esler v. Walters

Full title: In the Matter of JOHN ESLER et al., Respondents, v. CARL J. WALTERS, as…

Court: Court of Appeals of the State of New York

Date published: Mar 24, 1981

53 N.Y.2d 642 (N.Y. 1981)

438 N.Y.S.2d 787

420 N.E.2d 979

Opinion

Decided March 24, 1981

Appeal transferred, without costs, by the Court of Appeals sua sponte, to the Appellate Division, Third Department, upon the ground that 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).