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In re the Estate of Wagner

25 N.Y.3d 1188 Court N.Y. Decision date 2015-06-25 English

Judges Chief Judge Lippman taking no part.

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p. 1188
In the Matter of the Estate of Stanley A. Wagner, Deceased. Jaan Aarismaa, IV, Appellant; John L. Wagner, as Executor of Stanley A. Wagner, Deceased, Respondent.
Submitted April 13, 2015;
decided June 25, 2015

Appeal transferred, without costs, by the Court of Appeals, sua sponte, 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 (NY Const, art VI, §§ 3 [b] [2]; 5 [b]; CPLR 5601 [b] [2]). Motion for leave to appeal dismissed upon the ground that it does not lie (see CPLR 5602 [a]).

Chief Judge Lippman taking no part.