Matter of Ellis Eiland v Thomas Poole, Supt., Five Points Correctional Facility

Matter of Ellis Eiland v Thomas Poole, Supt., Five Points Correctional Facility

Motion No: 1018 SSD 52

Slip Opinion No: 2006 NYSlipOp 75095

Decided on September 12, 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 Ellis Eiland, Appellant, v. Thomas Poole, Superintendent, Five Points Correctional Facility, 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 constitu- tional validity of a statutory provision are involved (NY Const, art VI, 3[b][2], 5[b]; CPLR 5601[b][2]).