Majority
p. 1066Decided September 12, 2013
Town of Montauk, Appellant, v Lorraine Cortez-Vasquez, as Secretary of State of the State of New York, with Control of, and Responsibility for, the Division of Corporations of the Department of State, Respondent.
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 (see NY Const, art VI, §§ 3 [b] [2]; 5 [b]; CPLR 5601 [b] [2]).