Alba v. Pastoressa — 3 N.Y.3d 692

Majority

p. 692

Amanda Alba et al., Infants, Respondents, v Joseph Pastoressa, as Executor of the Estate of Angelo Riviezzo, et al., Appellants.

Submitted August 30, 2004;

decided September 14, 2004

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 when questions

p. 693

other than the constitutional validity of a statutory provision are involved (NY Const, art VI, § 3 [b] [2]; § 5 [b]; CPLR 5601 [b] [2]).