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Kaplan v. Julian

5 N.Y.3d 822 Court N.Y. Decision date 2005-09-20 English

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p. 822
In the Matter of Richard E. Kaplan, Appellant, v Timothy Julian, as Mayor of the City of Utica, et al., Respondents.
Submitted September 6, 2005;
decided September 20, 2005

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]).