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Di Biase v. Piscitelli

51 N.Y.2d 835 Court N.Y. Decision date 1980-10-14 English

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p. 835
In the Matter of Anthony T. Di Biase et al., Respondents, v Dominic J. Piscitelli, as Mayor and Chairman of the Board of Trustees of the Village of Westbury, et al., Respondents, and New York State Association for Retarded Children, Inc., Appellant.
Decided October 14, 1980

Appeal transferred by the Court of Appeals, sua sponte, to the Appellate Division, Second 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, § 3, subd b, par [2]; § 5, subd b; CPLR 5601, subd [b], par 2).