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People ex rel. Yonamine v. Artuz

91 N.Y.2d 954 Court N.Y. Decision date 1998-04-07 English

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p. 954
The People of the State of New York ex rel. Masao Yonamine, Appellant, v Christopher Artuz, as Superintendent of Green Haven Correctional Facility, Respondent.
Submitted February 9, 1998;
decided April 7, 1998

On the Court’s own motion, appeal dismissed, without costs, upon the ground that a direct appeal from Supreme Court’s order does not lie where questions other than the constitutional validity of a statutory provision are involved (NY Const, art VI, § 3 [b] [2]; CPLR 5601 [b] [2]). Motion for leave to appeal dismissed upon the ground that the Appellate Division order

p. 955
sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution. Motion for poor person relief dismissed as academic.