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People ex rel. Uviller v. Luger

38 N.Y.2d 854 Court N.Y. Decision date 1976-01-20 English

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p. 854
The 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 ).

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