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PEOPLE EX REL. POMARO v. HONGISTO

49 N.Y.2d 953 (1980)

The People of the State of New York ex rel. Peter Pomaro, Appellant, v. Richard D. Hongisto, as Commissioner of the New York State Department of Correctional Services, et al., Respondents.

Court of Appeals of the State of New York.

Decided April 22, 1980.

On the court's own motion, appeal transferred, without costs, to the Appellate Division, Second 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). Motion for assignment...

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