Majority
p. 788Rent Stabilization Association of New York City, Inc., et al., Appellants, and Small Property Owners of New York, Intervenor-Appellant, v Richard L. Higgins, as Commissioner of the New York State Division of Housing and Community Renewal, Respondent, et al., Intervenors-Defendants. Submitted May 18, 1992; decided June 4, 1992
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]).