Majority
p. 975Lawrence Carp, Appellant, v Sharon L. Marcus, as Administratrix of the Estate of Patricia A. Marcus, Deceased, Respondent. Decided June 29, 1984
p. 976
Appeal transferred, without costs, by the Court of Appeals sua sponte, to the Appellate Division, Third 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).