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Biton v. State

17 N.Y.3d 845 Court N.Y. Decision date 2011-09-15 English

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p. 845
Danielle Biton, Appellant, v State of New York et al., Respondents. Saphyre Redford et al., Appellants, v AG Cuomo et al., Respondents.
Submitted May 31, 2011;
decided September 15, 2011

Appeal transferred, without costs, by the Court of Appeals, sua sponte, to the Appellate Division, First Department,, upon the ground that a direct appeal does not lie where questions other than the constitutional validity of a statutory provision are involved (NY Const, art VI, § 3 [b]; CPLR 5601 [b] [2]). Motion for leave to appeal dismissed upon the ground that this Court does not have jurisdiction to entertain the motion (NY Const, art VI, § 3 [b]; CPLR 5602 [a]). Motion for ancillary relief denied.