| People etc. ex rel. Phillip Holloway v Superintendent James Johnson, etc. |
| Motion No: |
| Slip Opinion No: 2023 NY Slip Op 65345 |
| Decided on April 20, 2023 |
| 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. Phillip Holloway,
Appellant,
v
Superintendent James Johnson, etc.,
Respondent.
Appeal transferred without costs, by the Courtsua sponte, to the Appellate Division, Second 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]).
Judge Halligan took no part.