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Biggs v. Town of Huntington

35 N.Y.2d 904 Court N.Y. Decision date 1974-12-19 English

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p. 904
Warren E. Biggs et al., Appellants, v. Town of Huntington et al., Respondents.
Submitted October 21, 1974;
decided December 19, 1974.
Kenneth C. Butterfield, Town Attorney, for motion.
Alfred J. Skidmore opposed.

Motion dismissed as academic.

On the court’s own motion, appeal transferred to the Appellate Division, Second Department, without costs. A direct appeal does not lie where questions other than the constitutional validity of a statutory provision are involved. (CPLR 5601, subd. [b], par. 2.) Accordingly, this appeal should be transferred to the Appellate Division. (N. Y. Const., art. VI, § 5, subd. b; cf. Matter of Bartsch v. State of New York, 33 N Y 2d 938 ; Ryan v. Freeman, 24 N Y 2d 942 .)

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