| Matter of Susan D. Mongielo v David J. Mongielo |
| Motion No: |
| Slip Opinion No: 2022 NY Slip Op 64723 |
| Decided on April 21, 2022 |
| 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 Susan D. Mongielo,
Respondent,
v
David J. Mongielo,
Appellant.
Appeal transferred without costs, by the Courtsua sponte, to the Appellate Division, Fourth Department, upon the ground that a direct appeal does not lie where 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]).