People ex rel. RichArds v. Yelich — 15 N.Y.3d 840

Majority

p. 840

The People of the State of New York ex rel. Justo Richards, Appellant, v Bruce Yelich, Respondent.

Submitted July 26, 2010;

decided September 21, 2010

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 leave to appeal dismissed upon the ground that the Court of Appeals does not have jurisdiction to entertain the motion (see NY

p. 841

Const, art VI, § 3 [b]; CPLR 5602). Motion for poor person relief dismissed as academic.