508 N.Y.S.2d 425 · New York Court of Appeals · Oct 9, 1986
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In the Matter of James J. Lack v. William J. Canary, Constituting the Suffolk County Board of Elections, and Thomas J. Downey, Intervenors-Respondents
Appeal transferred to the Appellate Division, Second Department, without costs, by the Court of Appeals sua sponte. A direct appeal does not lie where 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]).