Majority
p. 849In the Matter of Kenneth P. La Valle et al., Appellants, v William J. Canary et al., Constituting the Suffolk County Board of Elections, Respondents, and Ira P. Costell, Intervenor-Respondent. Decided October 9, 1986
Appeal transferred to the Appellate Division, Second Department, without costs, by the Court of Appeals sua sponte. A direct appeal does not lie where 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]).