People ex rel. Malinowski v. Casscles

348 N.E.2d 616, 38 N.Y.2d 982, 384 N.Y.S.2d 159, 1976 N.Y. LEXIS 2612

Opinion

On the court’s own motion, appeal transferred to the Appellate Division, Third Department, without costs. A direct appeal does not lie where questions other than the constitutional validity of. a statutory provision are involved (NY Const, art VI, § 5, subd b; CPLR 5601, subd [b], par 2; Matter of Bartsch v State of New York, 33 NY2d 938). In this case there is at least a procedural question as to whether habeas corpus is an available or appropriate remedy.

Motion for a preference dismissed as academic.