Majority
p. 876Charles P. Myles et al., Appellants, v Randall J. Ezick et al., Respondents.
p. 877Decided January 19, 1982
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 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).