| People etc. ex rel. Frank Monte v Warden Maxsolaine Mingo |
| Motion No: 2016-495 |
| Slip Opinion No: 2016 NY Slip Op 77423 |
| Decided on June 23, 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. |
The People etc. ex rel. Frank Monte,
Appellant,
v
Warden Maxsolaine Mingo, et al.,
Respondents.
On the Court's own motion, appeal transferred, without costs, to the Appellate Division, 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 (NY Const, art VI, §§ 3[b][2], 5[b]; CPLR 5601[b][2]).
Motion for poor person relief &c. dismissed as academic.