Majority
p. 951In the Matter of Carl D. Rosel, Appellant, v Thomas F. Hart, as Ulster County Commissioner of Public Works, et al., Respondents. Submitted May 16, 1994; decided June 21, 1994
p. 952
On the Court’s own motion, 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 are involved (NY Const, art VI, §3 [b] [2]; § 5 [b]; CPLR 5601 [b] [2]). Motion for poor person relief dismissed as academic.