Prodell v. State — 86 N.Y.2d 831

Majority

p. 831

Albert Prodell et al., Respondents, v State of New York, Defendant, and Town of Brookhaven, Appellant.

Submitted September 18, 1995;

decided September 21, 1995

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

p. 832

other than the constitutional validity of a statutory provision are involved (NY Const, art VI, §3 [b] [2]; § 5 [b]; CPLR 5601 [b] [2]).