Majority
p. 925In the Matter of William F. Morley, Jr., et al., Appellants, v Town of Oswegatchie et al., Respondents. Decided December 23, 1987
Appeal transferred, without costs, by the Court of Appeals
p. 926
sua sponte, to the Appellate Division, Third Department, upon the ground that a direct appeal does not lie when questions other than the constitutional validity of a statutory provision are involved (NY Const, art VI, § 3 [b] [2]; § 5 [b]; CPLR 5601 M [2]).