GREGORY v. BALL, 9 N.Y.2d 643 (1961)

173 N.E.2d 38, 212 N.Y.S.2d 57

ELIZABETH GREGORY, Individually and Doing Business as BOOKMART et al., Appellants, v. CARMAN F. BALL, as District Attorney of Erie County, et al., Respondents.

Court of Appeals of the State of New York.Submitted January 3, 1961
Decided January 12, 1961

Appeal from the Supreme Court, Erie County, MICHAEL CATALANO, J.

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch of counsel), for motion.

Herald P. Fahringer, Jr., opposed.

Motion by Attorney-General granted and appeal dismissed upon the ground that there are questions involved other than the constitutional validity of a statute (N.Y. Const., art. VI, § 7, subd. [2]; Civ. Prac. Act, § 588, subd. 4).