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Conway v. Davis

73 N.Y.2d 807 Court N.Y. Decision date 1988-12-01 English

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p. 807
Gerta C. Conway et al., Respondents, v Leonard Davis et al., Respondents, and William Leighton, Proposed Intervenor-Appellant.
Decided December 1, 1988

Appeal from Justice Kassal’s order dismissed, without costs, by the Court of Appeals sua sponte, upon the ground that no appeal lies from an order of an individual Justice of the Appellate Division (NY Const, art VI, § 3 [b]; CPLR 5601).

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