Majority
p. 756Arnold M. Weiss et al., Appellants, v State of New York et al., Respondents. Decided April 26, 1979
Appeal transferred by the Court of Appeals sua sponte to the Appellate Division, First Department, without costs, upon the ground that 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).