Opinion
No. 2010-864.
Submitted July 26, 2010.
decided September 21, 2010.
On the Court's own motion, appeal transferred, without costs, to the Appellate Division, Third 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]). Motion for leave to appeal dismissed upon the ground that the Court of Appeals does not have jurisdiction to entertain the motion ( see NY Const., art VI, § 3 [b]; CPLR 5602). Motion for poor person relief dismissed as academic.