| Matter of Estate of Stanley A. Wagner, Deceased. |
| Motion No: 2015-390 |
| Slip Opinion No: 2015 NY Slip Op 77242 |
| Decided on June 25, 2015 |
| 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 the Estate of Stanley A. Wagner, Deceased.
Jaan Aarismaa, IV,
Appellant,
John L. Wagner, as Executor of Stanley A. Wagner, Deceased,
Respondent.
Appeal transferred, without costs, by the Courtsua sponte, to the Appellate Division, Fourth 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]).
Motion for leave to appeal dismissed upon the ground that it does not lie (see CPLR 5602[a]).
Chief Judge Lippman took no part.