Majority
p. 855First Federal Savings & Loan Association of Rochester, Respondent, v Carol A. Niznik, Formerly Known as Carol A. Walter, Appellant, et al., Defendant. Submitted September 16, 1996; decided November 26, 1996
On the Court’s own motion, appeal transferred, without costs, 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]). Motion for a stay dismissed as academic.