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Municipal Hous. Auth. v. St. Emerg. Fin. Control Bd.

Court of Appeals of the State of New York
Oct 15, 1985
66 N.Y.2d 696 (N.Y. 1985)

Opinion

Decided October 15, 1985


Appeal transferred to the Appellate Division, Second Department, without costs, by the Court of Appeals sua sponte, upon the ground that a direct appeal does not lie. Inasmuch as Laws of 1984 (ch 103, § 7) may not constitutionally be read to expand this court's jurisdiction, it may only be interpreted to provide a jurisdictional predicate for a direct appeal to this court where the only question involved is the constitutional validity of a statutory provision (NY Const, art VI, § 3 [b] [ 2]; CPLR 5601 [b] [2]). There being questions other than the constitutional validity of a statute involved, transfer to the Appellate Division is ordered (NY Const, art VI, § 5 [b]).


Summaries of

Municipal Hous. Auth. v. St. Emerg. Fin. Control Bd.

Court of Appeals of the State of New York
Oct 15, 1985
66 N.Y.2d 696 (N.Y. 1985)
Case details for

Municipal Hous. Auth. v. St. Emerg. Fin. Control Bd.

Case Details

Full title:MUNICIPAL HOUSING AUTHORITY FOR THE CITY OF YONKERS, Respondent, v. NEW…

Court:Court of Appeals of the State of New York

Date published: Oct 15, 1985

Citations

66 N.Y.2d 696 (N.Y. 1985)