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
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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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).
324 N.E.2d 363 (Biggs v. Town of Huntington) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Biggs v. Town of Huntington
49 A.D.2d 744 (Appellate Division of the Supreme Court of New York, 1975)