PEOPLE EX REL. ANDINO v. SCHUBIN, 37 N.Y.2d 784 (1975)

375 N.Y.S.2d 100, 337 N.E.2d 608

THE PEOPLE OF THE STATE OF NEW YORK ex rel. ANGELO ANDINO, Appellant, v. THEODORE SCHUBIN, as Superintendent of the Ossining Correctional Facility, et al., Respondents.

Court of Appeals of the State of New York.
Decided July 10, 1975

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ALVIN R. RUSKIN, J.

Victoria C. Morgan for appellant.

Louis J. Lefkowitz, Attorney-General, for respondents.

Appeal purportedly taken as of right pursuant to CPLR

Page 785

5601 (subd [a]), dismissed by the Court of Appeals sua sponte,
without costs, upon the ground that the order appealed from does not satisfy the requirements of said section. Even if CPLR 5601
(subd [b]) were asserted as the basis of jurisdiction the Court of Appeals would dismiss the appeal sua sponte, on the ground that the order sought to be appealed does not directly involve a substantial constitutional question.

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