Opinion
Submitted March 7, 2005.
Decided March 31, 2005.
Reported below, 7 Misc 3d 459.
Appeal transferred, without costs, by the Court of Appeals, 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 taking no part.