Opinion
06-26-2014
Robert L. SCHULZ, Appellant, v. STATE OF NEW YORK EXECUTIVE, et al., Respondents.
Opinion
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 the judgment appealed from does not finally determine the action within the meaning of the Constitution (see Flushing Natl. Bank v. City of New York, 38 N.Y.2d 999, 384 N.Y.S.2d 439, 348 N.E.2d 916 [1976] ; N.Y. Const., art. VI, §§ 3 [b][2], 5 [b]; CPLR 5601[b][2] ).