Majority
p. 631In the Matter of Lois Roberts, Respondent, v Richard Roberts, Appellant. Submitted July 16, 1979; decided September 6, 1979
Motion to dismiss the appeal herein granted to the extent that the appeal is transferred to the Appellate Division, First Department, without costs. A direct appeal does not lie when questions other than the constitutional validity of a statutory provision are involved (CPLR 5601, subd [b], par 2; Powers v Porcelain Insulator Corp., 285 NY 54 ). Motion for a stay dismissed as academic.
Cases cited
- Powers v. Porcelain Insulator Corp. 285 NY 54 p. 631