Majority
p. 857The People of the State of New York ex rel. Anthony Tislon, Appellant, v David Rock, as Superintendent of Great Meadow Correctional Facility, Respondent. Decided May 4, 2010
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]).