Walter v. Walter — 89 N.Y.2d 1028

Majority

p. 1028

Donald H. Walter, Respondent, v Carol A. Walter, Also Known as Carol A. Niznik, Appellant.

Submitted March 17, 1997;

decided April 1, 1997

Appeal transferred, without costs, by the Court of Appeals, sua sponte, 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]).

Judge Wesley taking no part.