Majority
p. 902Great Western Bank, Respondent, v Vincent Terio, Appellant. Submitted May 2, 1994; decided May 12, 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]).