People etc. ex rel. Angel Ortiz v Dennis Breslin, etc.

People etc. ex rel. Angel Ortiz v Dennis Breslin, etc.
Motion No:
Slip Opinion No: 2018 NY Slip Op 88523
Decided on November 14, 2018
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. Angel Ortiz,

Appellant,


v

Dennis Breslin, etc. 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 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]).