Opinion
Submitted March 8, 1976
Decided April 1, 1976
Appeal from the Supreme Court, Erie County, FRANK R. BAYGER, J.
Gerard J. O'Brien for motion.
David P. Feldman opposed.
Motion granted to the extent that the appeal is transferred to the Appellate Division, Fourth Department, without costs. A direct appeal does not lie where questions other than the constitutional validity of a statutory provision are involved. (NY Const, art VI, § 3, subd b, par [2]; § 5, subd b; CPLR 5601, subd [b], par 2; Matter of Bartsch v State of New York, 33 N.Y.2d 938.)