Majority
p. 894In the Matter of Paul Borst, A Child Alleged to be Neglected, Appellant-Respondent. Lorraine Borst, Respondent-Appellant. Decided October 19, 1976
On the court’s own motion, appeals by appellant infant and appellant mother transferred to the Appellate Division, Third 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
p. 895
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. 895