Majority
p. 800In the Matter of the Arbitration between Safeco Insurance Group, Appellant, and Kevin F. Williams et al., Respondents. Submitted April 19, 1976; decided April 29, 1976
Frank B. Libasci for motion.
James F. Furey opposed.
Motion granted to the extent that the appeal is transferred to the Appellate Division, Second Department, without costs. A direct appeal does not lie to the Court of Appeals where questions other than the constitutional validity of a statutory provision are involved. (NY Const, art VI, § 3, subd b, par [2];
p. 801
§ 5, subd b; CPLR 5601, subd [b], par 2; Matter of Bartsch v State of New York, 33 NY2d 938 ).
Cases cited
- Bartsch v. State 33 NY2d 938 p. 801