In re Town of Montauk, Inc. v. Pataki

Full title: In the Matter of TOWN OF MONTAUK, INC., Appellant, v. GEORGE E. PATAKI, as…

Court: Court of Appeals of the State of New York

Date published: Oct 27, 2005

5 N.Y.3d 848 (N.Y. 2005)

805 N.Y.S.2d 548

839 N.E.2d 902

Opinion

Submitted October 17, 2005.

Decided October 27, 2005.

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]).