Kerrigan v. Kenny , 64 N.Y.2d 1109 ( 1985 )

Appeal transferred, without costs, by the Court of Appeals, sua sponte, to the Appellate Division, Second Department, upon the ground that a direct appeal does not lie because the constitutional validity of a statutory provision is not the only question involved (NY Const, art VI, § 5 [b]; CPLR 5601 [b] [2]).