← Cases

LaBounty v. Berbary

98 N.Y.2d 645 Court N.Y. Decision date 2002-05-07 English

Contents

Majority

p. 645
In the Matter of Mark LaBounty, Appellant, v James Berbary, as Superintendent of Collins Correctional Facility, Respondent.
Submitted April 22, 2002;
decided May 7, 2002

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]).