Majority
p. 818In the Matter of Angel Morales, Appellant, v New York State Division of Parole, Respondent. Submitted February 28, 2005; decided March 29, 2005
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]).