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Merced v. Fisher

37 N.Y.2d 942 Court N.Y. Decision date 1975-11-19 English

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p. 942
In the Matter of Francisco Merced, on His Own Behalf and on Behalf of all Others Similarly Situated, Appellant, v Arnold R Fisher, as Commissioner of Motor Vehicles, Respondent.
Submitted November 3, 1975;
decided November 19, 1975
Grant W Kelleher for motion.
No one opposed. .

Motion for leave to prosecute the appeal as a poor person 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. (NY Const, art VI, § 5, subd b; CPLR 5601, subd [b], par 2; Matter of Bartsch v State of New York, 33 NY2d 938 .)

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