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In re Poole

76 N.Y.2d 886 Court N.Y. Decision date 1990-09-19 English

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p. 886
In the Matter of Ann Poole, as Executrix of Nancy E. Hogan, Deceased, Respondent. Samuel B. Wallace, IV, Appellant.
Submitted September 10,1990;
decided September 19, 1990

Appeal transferred, without costs, by the Court of Appeals sua sponte, to the Appellate Division, Fourth Department, upon the ground that a direct appeal does not lie when 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]).