Samuels v. New York State Department of Health

Appeals from the order and the judgment of Supreme Court transferred, without costs, by the Court of Appeals, sua sponte, *826to the Appellate Division, Third Department, 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] [2J; § 5 [b]; CPLR 5601 [b] [2]).

Judge R.S. Smith taking no part.