Opinion
Decided March 31, 2005.
Appeal transferred without costs, by the Court sua sponte, to the Appellate Division, 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 (NY Const, art VI, §§ 3[b][ 2], 5[b]; CPLR 5601[b][2]).
Judge R.S. Smith took no part.