Majority
p. 644Amber Paynter, by Her Parent and Natural Guardian, Mona Stone, et al., Appellants, v State of New York et al., Respondents. Submitted April 8, 2002; decided May 2, 2002
Appeal dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that no substantial constitutional question is directly involved.
Concur: Chief Judge Kaye and Judges Levine, Wesley, Rosenblatt and Graffeo. Judges Smith and Ciparick dissent and vote to retain jurisdiction of the appeal.