Majority
p. 968Board of Education of West Islip Union Free School District et al., Plaintiffs, and Austin T. Gavin et al., Appellants, v New York State Teachers’ Retirement System et al., Respondents. Submitted October 26,1992; decided October 29, 1992
Appeal transferred, without costs, by the Court of Appeals sua sponte, to the Appellate Division, Third Department, upon the ground that a direct appeal does not lie when questions other than the constitutional validity of a statutory provision
p. 969
are involved (NY Const, art VI, § 3 [b] [2]; § 5 [b]; CPLR 5601 M [2]).