Majority
p. 893The People of the State of New York ex rel. Edward McDuffy, Appellant, v Walter R. Kelly, as Superintendent of Attica Correctional Facility, Respondent. Submitted January 14, 1991; decided March 26, 1991
Motion to dismiss appeal taken as of right granted and appeal dismissed, without costs, upon the ground that no appeal lies as of right from the unanimous order of the Appellate Division absent the direct involvement of a substantial constitutional question (CPLR 5601).