Eli Raitport v Consolidated Edison Co. of N. Y.

Eli Raitport v Consolidated Edison Co. of N. Y.

Motion No: 226 SSD 18

Slip Opinion No: 2006 NYSlipOp 63770

Decided on February 21, 2006

Court of Appeals Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and subject to revision before publication in the Official Reports.

Eli Raitport, Appellant, v. Consolidated Edison Company of New York, Respondent.

Appeal transferred without costs, by the Court sua sponte, to the Appellate Division, Second Department, upon the ground that a direct appeal does not lie when questions other than the constitu- tional validity of a statutory provision are involved (NY Const, art VI, 3[b][2], 5[b]; CPLR 5601[b][2]).