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Gould v. Costello

78 N.Y.2d 983 Court N.Y. Decision date 1991-09-10 English

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p. 983
In the Matter of Douglas J. Gould, Appellant, v Joseph Costello, as Superintendent of Mid-State Correctional Facility, et al., Respondents.
Submitted June 17, 1991;
decided September 10, 1991

On the Court’s own motion, appeal transferred, without costs, 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]). Motion for poor person relief dismissed as academic.