Collins v. Bellnier — 15 N.Y.3d 857

Majority

p. 857

In the Matter of Junior Collins, Appellant, v J.F. Bellnier, Respondent.

Submitted September 20, 2010;

decided October 14, 2010

Motion to vacate this Court’s August 24, 2010 dismissal order granted [see 15 NY3d 801 (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

p. 858

a statutory provision are involved (NY Const, art VI, § 3. [b] [2]; § 5 [b]; CPLR 5601 [b] [2]).