(A) APPEAL FROM APPELLATE DIVISION

JurisdictionUnited States

(a) Appeal from Appellate Division

Paragraph one of CPLR 5601(b) provides that an appeal of right may be taken from a final order of the Appellate Division if the case directly involves the construction of either the state or federal constitution. In this instance, there is no requirement that the case shall have originated in a “superior” court, or that the constitutional question be of any special nature, or that it be the only question in the case. The constitutional question must of course be a...

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