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MUKA v. EMNETT

76 N.Y.2d 769 (1990)

Betty O. Muka, Appellant, et al., Plaintiff, v. Thomas R. Emnett, Respondent. Betty O. Muka, Appellant, et al., Plaintiff, v. Robert Simpson, Respondent. Betty O. Muka, Appellant, et al., Plaintiff, v. Emnett and Simpson, Respondent.

Court of Appeals of the State of New York.

Decided June 14, 1990.

On the court's own motion, appeals transferred, without costs, to the Appellate Division, Third Department, each upon the ground that a direct appeal does not lie when questions other than the constitutional validity of a statutory provision are involved (NY Const, art VI, § 3 [b] [2]; § 5 [b]; CPLR 5601 [b] [2]). Motion for waiver of strict compliance with this court's Rules of Practice dismissed...

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