Niznik v. Galas — 89 N.Y.2d 979

Majority

p. 979

Carol A. Niznik, Formerly Known as Carol A. Walter, Appellant, v Christine Galas et al., Respondents.

Submitted December 30, 1996;

decided February 18, 1997

On the Court’s own motion, appeal transferred, without costs, 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]). Motion for a stay dismissed as academic.

Judge Wesley taking no part.