Opinion
Decided September 20, 1988
Appeal transferred to the Appellate Division, First Department, without costs, by the Court of Appeals sua sponte, 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]).