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MATTER OF MERCED v. FISHER

37 N.Y.2d 942 (1975)

In the Matter of Francisco Merced, on His Own Behalf and on Behalf of all Others Similarly Situated, Appellant, v. Arnold R. Fisher, as Commissioner of Motor Vehicles, Respondent.

Court of Appeals of the State of New York.

Decided November 19, 1975.

Attorney(s) appearing for the Case

Grant W. Kelleher for motion.

No one opposed.

Motion for leave to prosecute the appeal as a poor person dismissed as academic.

On the court's own motion, appeal transferred to the Appellate Division, Second 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 N.Y.2d 938

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