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MATTER OF BORST

40 N.Y.2d 894 (1976)

In the Matter of Paul Borst, a Child Alleged to be Neglected, Appellant-Respondent. Lorraine Borst, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided October 19, 1976.

On the court's own motion, appeals by appellant infant and appellant mother 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 N.Y.2d 938

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