Majority
p. 854The People of the State of New York ex rel. Rena K. Uviller, on Behalf of Karen Holloway, Appellant, v Milton Luger, as Director of the New York State Division for Youth, et al., Respondents. Argued January 13, 1976; decided January 20, 1976
Rena K. Uviller and Charles Schinitsky for appellant.
Louis J. Lefkowitz, Attorney-General (Alan W. Rubinstein and Jean M. Coon of counsel), for respondents.
Appeal transferred, without costs, to the Appellate Division, Third Department. A direct appeal does not lie since no substantial question is presented as to the constitutional validity of the challenged statute (Matter of Patricia A., 31 NY2d 83 ; Matter of Tomasita N., 30 NY2d 927 , app dsmd 409 US 1052 ; Cohen and Karger, Powers of the New York Court of Appeals, § 55, at p 254). Accordingly, the appeal must be transferred to the Appellate Division (NY Const, art VI, § 5, subd b; see, e.g., Matter of Merced v Fisher, 38 NY2d 557 ).
Cases cited
- In re Patricia A. 31 NY2d 83 p. 854
- In re Tomasita N. 30 NY2d 927 p. 854
- Lavine v. Shirley 409 US 1052 p. 854
- Merced v. Fisher 38 NY2d 557 p. 854