People Ex Rel. Hirschberg v. McNeill

104 N.E.2d 100, 303 N.Y. 464, 1952 N.Y. LEXIS 802

• Court: New York Court of Appeals
• Decided: January 25, 1952
• Status: Published

Opinion

Per Curiam.

Subdivision 4 of section 588 of the Civil Prac-

tice Act authorizes an appeal directly to this court from appropriate judgments or orders “ where the only question involved on the appeal is the validity of a statutory provision of the state or of the United States under the constitution of the state or of the United States ”. The validity of no statutory provision of the State or of the United States is here involved. The rule only of the hospital is questioned. Such a rule is not a statute within the meaning of the State Constitution (cf. F. T. B. Realty Corp. v. Goodman, 300 N. Y. 140, 144, 145).

The appeal should be dismissed, without costs.

Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ., concur.

Appeal dismissed.