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JOHN F. TOBIN, Plaintiff, v. COUNTY OF ULSTER, ET AL., Respondents. H. WILLIAM VAN ALLEN, Inter

On the Court's own motion, appeal transferred, without costs, to the Appellate Division, Third Department, upon the ground that a direct appeal does not lie when questions other than the constitutional validity of a statutory provision are involved (NY Const, art VI, §§ 3[b][ 2], 5[b]; CPLR 5601[b][2]).

Motion for relief ancillary to the appeal dismissed as academic.

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TOBIN v. COUNTY OF ULSTER
(Jan 12, 2004)