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Van Allen v. Democratic State Committee

1 N.Y.3d 545 Court N.Y. Decision date 2003-12-02 English

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p. 545
In the Matter of H. William Van Allen et al., Appellants, v Democratic State Committee of the State of New York et al., Respondents. Eliot Spitzer, Attorney General of the State of New York, Intervenor-Respondent.
Submitted October 27, 2003;
decided December 2, 2003

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