Majority
p. 962The People of the State of New York ex rel. Richard Graham, Appellant, v Walter R. Kelly, as Superintendent of Attica Correctional Facility, et al., Respondents. Submitted February 13, 1990; decided April 26, 1990
On the court’s own motion, appeal transferred, without costs, to the Appellate Division, Fourth 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.