Biggs v. Town of Huntington

New York Court of Appeals

Biggs v. Town of Huntington

324 N.E.2d 363, 35 N.Y.2d 904, 364 N.Y.S.2d 895, 1974 N.Y. LEXIS 1125

CourtNew York Court of Appeals

DecidedDecember 19, 1974

StatusPublished

Cited by1 cases

This text of 324 N.E.2d 363 (Biggs v. Town of Huntington) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Biggs v. Town of Huntington, 324 N.E.2d 363, 35 N.Y.2d 904, 364 N.Y.S.2d 895, 1974 N.Y. LEXIS 1125 (N.Y. 1974).

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Opinion

Motion dismissed as academic.

On the court’s own motion, appeal transferred to the Appellate Division, Second Department, without costs. A direct appeal does not lie where questions other than the constitutional validity of a statutory provision are involved. (CPLR 5601, subd. [b], par. 2.) Accordingly, this appeal should be transferred to the Appellate Division. (N. Y. Const., art. VI, § 5, subd. b; cf. Matter of Bartsch v. State of New York, 33 N Y 2d 938; Ryan v. Freeman, 24 N Y 2d 942.)

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Motion dismissed as academic.

On the court’s own motion, appeal transferred to the Appellate Division, Second Department, without costs. A direct appeal does not lie where questions other than the constitutional validity of a statutory provision are involved. (CPLR 5601, subd. [b], par. 2.) Accordingly, this appeal should be transferred to the Appellate Division. (N. Y. Const., art. VI, § 5, subd. b; cf. Matter of Bartsch v. State of New York, 33 N Y 2d 938; Ryan v. Freeman, 24 N Y 2d 942.)

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Bluebook (online)

324 N.E.2d 363, 35 N.Y.2d 904, 364 N.Y.S.2d 895, 1974 N.Y. LEXIS 1125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/biggs-v-town-of-huntington-ny-1974.

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