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MATTER OF FAHEY v. HYNES

44 N.Y.2d 680 (1978)

In the Matter of Thomas M. Fahey, Doing Business as Castle Rest Nursing Home, Appellant, v. Charles J. Hynes, as Deputy Attorney-General of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided March 23, 1978.

Motion by respondent to dismiss the appeal herein granted to the extent that the appeal is transferred to the Appellate Division, Fourth Department. A direct appeal does not lie where questions other than the constitutional validity of a statutory provision are involved (NY Const, art VI, § 3, subd b, par [2]; § 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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