Majority
p. 887In the Matter of Benjamin F. Raysor, Jr., Appellant, v New York State Division of Housing and Community Renewal et al., Respondents. Submitted September 10,1990; decided September 19, 1990
Appeal transferred, without costs, by the Court of Appeals 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 M [2]).