Mendelis v. Sprague

91 N.Y.2d 864 Court N.Y. Decision date 1997-12-22 English

Contents

Majority

p. 864

John Mendelis, Appellant, v Michael J. Sprague et al., Respondents.

Submitted December 8, 1997;

decided December 22, 1997

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