Matter of Samuel R. Giglia v Carl Hunt, Supt., Groveland Correctional Facility

Motion No: 601 SSD 30

Slip Opinion No: 2008 NYSlipOp 73704

Decided on June 5, 2008

Court of Appeals Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law & sect; 431.

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

In the Matter of Samuel R. Giglia, Appellant, v. Carl Hunt, Superintendent, Groveland 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]).