Municipal Housing Authority v. New York State Emergency Financial Control Board

New York Court of Appeals

Municipal Housing Authority v. New York State Emergency Financial Control Board

487 N.E.2d 274, 66 N.Y.2d 696, 496 N.Y.S.2d 417, 1985 N.Y. LEXIS 17245

DecidedOctober 15, 1985

StatusPublished

This text of 487 N.E.2d 274 (Municipal Housing Authority v. New York State Emergency Financial Control Board) 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

Municipal Housing Authority v. New York State Emergency Financial Control Board, 487 N.E.2d 274, 66 N.Y.2d 696, 496 N.Y.S.2d 417, 1985 N.Y. LEXIS 17245 (N.Y. 1985).

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Opinion

Appeal transferred to the Appellate Division, Second Department, without costs, by the Court of Appeals sua sponte, upon the ground that a direct appeal does not lie. Inasmuch as Laws of 1984 (ch 103, § 7) may not constitutionally be read to expand this court’s jurisdiction, it may only be interpreted to provide a jurisdictional predicate for a direct appeal to this court where the only question involved is the constitutional validity of a statutory provision (NY Const, art VI, § 3 [b] [2]; CPLR 5601 [b] [2]). There being questions other than the constitutional validity of a statute involved, transfer to the Appellate Division is ordered (NY Const, art VI, § 5 [b]).

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Appeal transferred to the Appellate Division, Second Department, without costs, by the Court of Appeals sua sponte, upon the ground that a direct appeal does not lie. Inasmuch as Laws of 1984 (ch 103, § 7) may not constitutionally be read to expand this court’s jurisdiction, it may only be interpreted to provide a jurisdictional predicate for a direct appeal to this court where the only question involved is the constitutional validity of a statutory provision (NY Const, art VI, § 3 [b] [2]; CPLR 5601 [b] [2]). There being questions other than the constitutional validity of a statute involved, transfer to the Appellate Division is ordered (NY Const, art VI, § 5 [b]).

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Bluebook (online)

487 N.E.2d 274, 66 N.Y.2d 696, 496 N.Y.S.2d 417, 1985 N.Y. LEXIS 17245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/municipal-housing-authority-v-new-york-state-emergency-financial-control-ny-1985.

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