| PS 157 Lofts, LLC v Kimberly Austin |
| Motion No: 2016-447 |
| Slip Opinion No: 2016 NY Slip Op 76116 |
| Decided on June 9, 2016 |
| 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. |
PS 157 Lofts, LLC,
Respondent,
v
Kimberly Austin, et al.,
Appellants,
On the Court's own motion, appeal transferred, without costs, to the Appellate Term, First Department, upon the ground that a direct appeal does not lie when questions other than the constitutional validity of a statutory provision are involved (see NY Const, art VI, §§ 3[b][2], 5[b]; CPLR 5601[b][2]).
Motion to dismiss appeal denied.