MUKA v. GREENE, 56 N.Y.2d 855 (1982)

438 N.E.2d 879, 453 N.Y.S.2d 173

BETTY O. MUKA, Appellant, v. AL GREENE, Respondent.

Court of Appeals of the State of New York.
Decided June 8, 1982

Appeal transferred, without costs, by the Court of Appeals sua sponte, to the Appellate Division, Third Department. A direct appeal does not lie from the nonfinal order striking the case from the calendar; nor does a direct appeal lie where questions other than the constitutional validity of a statutory provision are involved (NY Const, art VI, § 3, subd b, par [2]; § 5, subd b; CPLR 5601, subd [b], par 2).