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People ex rel. Andino v. Schubin

37 N.Y.2d 784 Court N.Y. Decision date 1975-07-10 English

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p. 784
The People of the State of New York ex rel. Angelo Andino, Appellant, v Theodore Schubin, as Superintendent of the Ossining Correctional Facility, et al., Respondents.
Decided July 10, 1975
Victoria C. Morgan for appellant.
Louis J. Lefkowitz, Attorney-General, for respondents.

Appeal purportedly taken as of right pursuant to CPLR

p. 785
5601 (subd [a]), dismissed by the Court of Appeals sua sponte, without costs, upon the ground that the order appealed from does not satisfy the requirements of said section. Even if CPLR 5601 (subd [b]) were asserted as the basis of jurisdiction the Court of Appeals would dismiss the appeal sua sponte, on the ground that the order sought to be appealed does not directly involve a substantial constitutional question.