New York Court of Appeals June 9, 2016 (PS 157 Lofts, LLC v. Austin)

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