Majority
p. 1127The People of the State of New York ex rel. Jose Vazquez, Appellant, v David Unger et al., Respondents. Submitted December 14, 2015; decided February 18, 2016
On the Court’s own motion, appeal transferred, without costs, to the Appellate Division, Fourth 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]). Motion for poor person relief dismissed as academic.
Judge Garcia taking no part.