Town of Montauk v. Cortez-Vasquez

Full title: TOWN OF MONTAUK, Appellant, v. Hon. Lorraine CORTEZ–VASQUEZ, as Secretary…

Court: Court of Appeals of New York.

Date published: Sep 12, 2013

2013 N.Y. Slip Op. 84889 (N.Y. 2013)

21 N.Y.3d 1066

974 N.Y.S.2d 35

996 N.E.2d 916

Opinion

2013-09-12

TOWN OF MONTAUK, Appellant, v. Hon. Lorraine CORTEZ–VASQUEZ, as Secretary of State of the State of New York, with control of, and responsibility for, the Division of Corporations of the Department of State, Respondent.

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 when questions other than the constitutional validity of a statutory provision are involved ( seeN.Y. Const., art. VI, §§ 3[b][2], 5 [b]; CPLR 5601[b][2] ).