Majority
p. 837In the Matter of John W. Matthews, as Commissioner of Elections of Nassau County for the Democratic Party, et al., Appellants, v Thomas S. Gulotta, as County Executive of the County of Nassau, et al., Respondents. Submitted March 21, 1994; decided March 29, 1994
Appeal transferred, without costs, by the Court of Appeals, sua sponte, to the Appellate Division, Second 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]).