| Ralph Oyague v The Inc. Vil. of Malverne |
| Motion No: |
| Slip Opinion No: 2012 NY Slip Op 83814 |
| Decided on September 13, 2012 |
| 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. |
Ralph Oyague,
Appellant,
v
The Incorporated Village of Malverne, et al.,
Respondents.
Appeal transferred without costs, by the Courtsua sponte, to the Appellate Division, Second Department, upon the ground that a direct appeal does not lie where 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]).