Gulotta v. State — 84 N.Y.2d 855

Majority

p. 855

Thomas S. Gulotta, on Behalf of Himself and All Other Real Property Taxpayers in the County of Nassau Similarly Situated, et al., Appellants, v State of New York et al., Respondents. Robert L. King, on Behalf of Himself and All Other Real Property Taxpayers in the County of Monroe Similarly Situated, et al., Appellants, v Mario M. Cuomo, as Governor of the State of New York, et al., Respondents. Gerald Benjamin, on Behalf of Himself and All Other Real Property Taxpayers in the County of Ulster Similarly Situated, et al., Appellants, v Mario M. Cuomo, as Governor of the State of New York, et al., Respondents.

Submitted September 19, 1994;

decided September 22, 1994

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

p. 856

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]).