Majority
p. 1020In the Matter of Arlene C. Carella, Respondent, v Charles E. Collins, III, Appellant. Submitted November 16,1992; decided November 24, 1992
Appeal transferred, without costs, by the Court of Appeals, sua sponte, to the Appellate Division, Third Department, upon
p. 1021
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]).