Majority
p. 824Daniel Hernandez et al., Respondents, v Victor L. Robles, Appellant. Submitted March 7, 2005; decided March 31, 2005
Appeal transferred, without costs, by the Court of Appeals, sua sponte, to the Appellate Division, First 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]).
Judge R.S. Smith taking no part.