People ex rel. Giles v. Miles

572 N.E.2d 46, 77 N.Y.2d 935, 569 N.Y.S.2d 605, 1991 N.Y. LEXIS 468

• Court: New York Court of Appeals
• Decided: April 4, 1991
• Status: Published

Opinion

Motion for leave to appeal dismissed upon the ground that the Court of Appeals does not have jurisdiction to entertain the motion (NY Const, art VI, § 3 [b]; CPLR 5602 [a]). On the Court’s own motion, appeal transferred, without costs, to the Appellate Division, Third Department, upon the ground that a direct appeal does not lie where 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.