Hyperlawhypertext legal database People ex rel. Pomaro v. Hongisto 49 N.Y.2d 953

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People ex rel. Pomaro v. Hongisto

49 N.Y.2d 953 Court N.Y. Decision date 1980-04-22 English

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p. 953
The People of the State of New York ex rel. Peter Pomaro, Appellant, v Richard D. Hongisto, as Commissioner of the New York State Department of Correctional Services, et al., Respondents.
Submitted March 31, 1980;
decided April 22, 1980

On the court’s own motion, appeal transferred, without costs, to the Appellate Division, Second 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],

p. 954
par 2; Matter of Bartsch v State of New York, 33 NY2d 938 ). Motion for assignment of counsel dismissed as academic.

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