Majority
p. 805The People of the State of New York ex rel. Rodney Taylor, Appellant, v Frederick Richardson, as Superintendent of Cayuga Correctional Facility, Respondent. Submitted December 16, 1991; decided December 19, 1991
Appeal transferred, without costs, by the Court of Appeals sua sponte, 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]).