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Schulz v. State

23 N.Y.3d 1010 Court N.Y. Decision date 2014-06-26 Docket Index No. 4115-13 English

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p. 1010
Robert L. Schulz, Appellant, v State of New York Executive et al., Respondents.
(Index No. 4115-13.)
Decided June 26, 2014

Appeal transferred, without costs, by the Court of Appeals, sua sponte, to the Appellate Division, Third Department, upon the ground that a direct appeal does not lie where the judgment appealed from does not finally determine the action within the meaning of the Constitution (see Flushing Natl. Bank v City of New York, 38 NY2d 999 [1976]; NY Const, art VI, §§ 3 [b] [2]; 5 [b]; CPLR 5601 [b] [2]).