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Esler v. Walters

53 N.Y.2d 642 Court N.Y. Decision date 1981-03-24 English

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p. 642
In the Matter of John Esler et al., Respondents, v Carl J. Walters, as Supervisor of the Town of Guilderland, et al., Appellants.
Decided March 24, 1981

Appeal transferred, without costs, by the Court of Appeals sua sponte, to the Appellate Division, Third Department, 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).