Majority
p. 769The People of the State of New York ex rel. Ramon Alvarez, Appellant, v New York State Division of Parole et al., Respondents. Submitted September 26, 2005; decided January 12, 2006
On the Court’s own motion, appeal transferred, without costs, 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 [bj [2]). Motion for poor person relief dismissed as academic.