Tenney v. Sise — 65 N.Y. 1042

Majority

p. 1042

John R. Tenney et al., Appellants, v Robert J. Sise, as Chief Administrative Judge of the State of New York, Respondent.

Decided September 17, 1985

Appeal transferred, without costs, by the Court of Appeals sua sponte, to the Appellate Division, Third 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 [b] [2]; § 5 [b]; CPLR 5601 [b] [2]).

Chief Judge Wachtler and Judge Simons taking no part.