Majority
p. 729City of New York et al., Appellants, v State of New York, Respondent. Decided May 31, 1990
Appeal transferred, without costs, by the Court of Appeals
p. 730
sua sponte, to the Appellate Division, First 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]).