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Schanbarger v. New York State Commissioner of Social Services

56 N.Y.2d 885 Court N.Y. Decision date 1982-06-10 English

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p. 885
In the Matter of Donald Schanbarger, Appellant, v New York State Commissioner of Social Services, Respondent.
Submitted May 17, 1982;
decided June 10, 1982

Motion to dismiss appeal granted to the extent that the appeal is transferred to the Appellate Division, Third Department, without costs. 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).