Matter of Errol Irving v New York State Div. of Parole

Matter of Errol Irving v New York State Div. of Parole

Motion No: 612 SSD 44

Slip Opinion No: 2006 NYSlipOp 69978

Decided on June 8, 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.

In the Matter of Errol Irving, Appellant, v. New York State Division of Parole, Respondent.

Appeal transferred without costs, by the Court sua sponte, to the Appellate Division, Fourth 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][2], 5[b]; CPLR 5601[b][2]).