Majority
p. 932In the Matter of Robert L. Schulz et al., Appellants, v New York State Legislature et al., Respondents. Submitted September 15, 1997; decided September 23, 1997
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
p. 933
are involved (NY Const, art VI, § 3 [b] [2]; § 5 [b]; CPLR 5601 [b] [2]).