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Cook v. City of Binghamton

44 N.Y. 901 Court N.Y. Decision date 1978-06-06 English

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p. 901
Frederick W. Cook et al., Respondents-Appellants, v City of Binghamton, Appellant-Respondent, et al., Defendants.
Decided June 6, 1978

Appeal and cross appeal transferred by the Court of Appeals sua sponte, to the Appellate Division, Third Department, without costs, upon the ground that 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 5601, subd [b], par 2).