Majority
p. 929Patricia Kane, as the Limited Administratrix of the Estate of Jeanne Kane, Deceased, and Patricia Kane, Individually, Respondent, v John Galtieri, Appellant, and Marilyn Galtieri, Intervenor. Decided November 29, 2012
Appeal transferred, without costs, by the Court of Appeals, sua sponte, to the Appellate Division, Second 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]).