Majority
p. 886Jana Schneider, Appellant, v Hope H. Tate et al., Respondents. Submitted June 30, 1997; decided July 2, 1997
Appeal transferred, without costs, by the Court of Appeals, sua sponte, to the Appellate Division, First 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 M [2]).