| Robert L. Schulz v State of New York Exec. |
| Motion No: |
| Slip Opinion No: 2014 NY Slip Op 76230 |
| Decided on June 26, 2014 |
| 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. |
Robert L. Schulz,
Appellant,
v
State of New York Executive, et al.,
Respondents.
(Index No. 4115-13)
Appeal transferred without costs, by the Courtsua sponte, to the Appellate Division, Third Department, upon the ground that a direct appeal does not lie where the judgment appealed from does not finally determine the action within the meaning of the Constitution (seeFlushing Natl. Bank v City of New York, 38 NY2d 999 [1976]; NY Const, art VI, §§ 3[b][2], 5[b]; CPLR 5601[b][2]).