Schulz v. State — 79 N.Y.2d 955

Majority

p. 955

In the Matter of Robert L. Schulz et al., Appellants, v State of New York et al., Respondents.

Submitted March 23, 1992;

decided April 1, 1992

Appeal transferred, without costs, by the Court of Appeals sua sponte, to the Appellate Division, Third Department, upon the ground that a direct appeal does not lie when questions other them the constitutional validity of a statutory provision are involved (NY Const, art VI, § 3 [b] [2]; § 5 [b]; CPLR 5601 [b] [2]).

Judges Simons and Alexander taking no part.