Majority
p. 874The People of the State of New York ex rel. Silvio Reynoso, Appellant, v James E. Sullivan, as Superintendent of Sing Sing Correctional Facility, et al., Respondents. Submitted February 1, 1988; decided March 29, 1988
On the court’s own motion, appeal transferred, without costs, to the Appellate Division, Second 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 [b] [2]). Motion for poor person relief dismissed as academic.