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McLean v. New York State Department of Corrections & Community Supervision

24 N.Y.3d 943 Court N.Y. Decision date 2014-09-16 English

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p. 943
In the Matter of Alvin W. McLean, Appellant, v New York State Department of Corrections and Community Supervision, Respondent.
Decided September 16, 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 when questions other than the constitutional validity of a statutory provision are involved (see NY Const, art VI, §§ 3 [b] [2]; 5 [b]; CPLR 5601 [b] [2]).