Majority
p. 700In the Matter of Edward J. Kuriansky, as Deputy Attorney-General of the State of New York, Respondent, v Howard P. Sturman, Appellant. Submitted November 16, 1981; decided November 23, 1981
Cross motion to dismiss appeal granted to the extent that the appeal is transferred to the Appellate Division, Second Department. 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). Motion for a stay dismissed as academic.