Majority
p. 801The People of the State of New York ex rel. Douglas J. Gould, Appellant, v Raul Russi, as Chairman of the New York State Division of Parole, Respondent. Submitted October 12, 1993; decided October 21, 1993
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]).