People ex Rel. Buttery v. Smith

Full title: THE PEOPLE OF THE STATE OF NEW YORK ex rel. JOHN BUTTERY, Appellant, v…

Court: Court of Appeals of the State of New York

Date published: Feb 9, 1982

55 N.Y.2d 921 (N.Y. 1982)

449 N.Y.S.2d 30

433 N.E.2d 1278

Opinion

Submitted January 25, 1982

Decided February 9, 1982

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).