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In re the Estate of Wagner

24 N.Y.3d 944 Court N.Y. Decision date 2014-09-16 English

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p. 944
In the Matter of the Estate of Stanley Wagner, Deceased. Jaan Aarismaa, IV, Appellant; John L. Wagner, as Executor of Stanley A. Wagner, Deceased, Respondent.
Submitted August 4, 2014;
decided September 16, 2014

On the Court’s own motion, appeal transferred, without costs, to the Appellate Division, Fourth 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]). Motion to strike denied.