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Hope v. Perales

78 N.Y.2d 1004 Court N.Y. Decision date 1991-09-19 English

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p. 1004
Jane Hope et al., on Behalf of Themselves and All Others Similarly Situated, et al., Respondents, v Cesar Perales, as Commissioner of the New York State Department of Social Services, et al., Appellants.
Submitted August 12, 1991;
decided September 19, 1991

On the Court’s own motion, appeal transferred, without costs, to the Appellate Division, First 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]). Motion by St. Vincent’s Hospital et al., to intervene, etc., dismissed as academic.