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Fahey v. Hynes

44 N.Y. 680 Court N.Y. Decision date 1978-03-23 English

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p. 680
In the Matter of Thomas M. Fahey, Doing Business as Castle Rest Nursing Home, Appellant, v Charles J. Hynes, as Deputy Attorney-General of the State of New York, Respondent.
Submitted March 6, 1978;
decided March 23, 1978

Motion by respondent to dismiss the appeal herein granted to the extent that the appeal is transferred to the Appellate Division, Fourth Department. A direct appeal does not lie where questions other than the constitutional validity of a statutory provision are involved (NY Const, art VI, § 3, subd b, par [2]; § 5, subd b; CPLR 5601, subd [b], par 2; Matter of Bartsch v State of New York, 33 NY2d 938 ).

Motion for a stay dismissed as academic.

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