People Ex Rel. Richards v. Yelich

935 N.E.2d 806, 15 N.Y.3d 840, 909 N.Y.S.2d 14, 2010 NY Slip Op 82776, 2010 N.Y. LEXIS 2629

• Court: New York Court of Appeals
• Decided: September 21, 2010
• Docket: Motion No: 2010-864
• Status: Published

Opinion

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 when 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 leave to appeal dismissed upon the ground that the Court of Appeals does not have jurisdiction to entertain the motion (see NY Const, art VI, § 3 [b]; CPLR 5602). Motion for poor person relief dismissed as academic.