Opinion
Argued January 13, 1976
Decided January 20, 1976
Appeal from the Columbia County Court, EDWIN R. OBERWAGER, J.
Rena K. Uviller and Charles Schinitsky for appellant.
Louis J. Lefkowitz, Attorney-General (Alan W. Rubinstein and Jean M. Coon of counsel), for respondents.
Appeal transferred, without costs, to the Appellate Division, Third Department. A direct appeal does not lie since no substantial question is presented as to the constitutional validity of the challenged statute (Matter of Patricia A., 31 N.Y.2d 83; Matter of Tomasita N., 30 N.Y.2d 927, app dsmd 409 U.S. 1052; Cohen and Karger, Powers of the New York Court of Appeals, § 55, at p 254). Accordingly, the appeal must be transferred to the Appellate Division (NY Const, art VI, § 5, subd b; see, e.g., Matter of Merced v Fisher, 38 N.Y.2d 557).