| Matter of Jr. Collins v J. F. Bellnier |
| Motion No: 2010-1086 |
| Slip Opinion No: 2010 NY Slip Op 84772 |
| Decided on October 14, 2010 |
| 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 Junior Collins,
Appellant,
v
J. F. Bellnier,
Respondent.
Motion to vacate this Court's September 1, 2010 dismissal order granted.
On the Court's own motion, appeal transferred, without costs, to 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][2], 5[b]; CPLR 5601[b][2]).