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GERZOF v. GULOTTA

40 N.Y.2d 825 (1976)

Julius Gerzof, Appellant, v. Frank A. Gulotta, Individually and as Presiding Justice of the Appellate Division of the Supreme Court of the State of New York, Second Judicial Department, et al., Respondents.

Court of Appeals of the State of New York.

Decided September 3, 1976.

Cross motion to dismiss the appeal granted only to the extent that the appeal is transferred, on constraint of the Constitution of the State of New York (art VI, § 5, subd b), to the Appellate Division, Second Department (but see NY Const, art VI, § 4, subd i), on the ground that the sole constitutional question presented on this direct appeal is not substantial (see Matter of Gerzof, 45 A.D.2d 450, mot for lv to app den...

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