Opinion
No. SSD 40.
Decided September 14, 2010.
Reported below, 26 Misc 3d 1233(A).
Appeal transferred, without costs, by the Court of Appeals, sua sponte, 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]).