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People ex rel. Buttery v. Smith

55 N.Y.2d 921 Court N.Y. Decision date 1982-02-09 English

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p. 921
The People of the State of New York ex rel. John Buttery, Appellant, v Harold J. Smith, as Superintendent of Attica Correctional Facility, Respondent.
Submitted January 25, 1982;
decided February 9, 1982

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