Majority
p. 793Kim Ragland, Appellant, v J.F. Bellnier, as Superintendent of Upstate Correctional Facility, Respondent. Submitted June 14, 2010; decided August 26, 2010
Motion to vacate this Court’s May 7, 2010 dismissal order granted [see 14 NY3d 884 (2010)]. On the Court’s own motion, appeal transferred, without costs, 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]).