Fitzgerald v. Matthews

89 N.Y.2d 977 Court N.Y. Decision date 1997-02-18 English

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p. 977

Thomas Fitzgerald, Appellant, v Jean Matthews, Respondent.

Submitted February 10, 1997;

decided February 18, 1997

Appeal transferred, without costs, by the Court of Appeals, sua sponte, to the Appellate Division, First 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]).