People ex rel. Milonopoulos v. Rabideau — 4 N.Y.3d 880

Majority

p. 880

The People of the State of New York ex rel. Michael Milonopoulos, Appellant, v Michael Rabideau, as Superintendent of Groveland Correctional Facility, Respondent.

Submitted March 28, 2005;

decided May 10, 2005

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 (NY Const, art VI, § 3 [b] [2]; § 5 [b]; CPLR 5601 [b] [2]). Motion for poor person relief dismissed as academic.