Majority
p. 805Eli Raitport, Appellant, v Consolidated Edison Company of New York, Respondent. Submitted February 14, 2006; decided February 21, 2006
Appeal transferred, without costs, by the Court of Appeals, sua sponte, to the Appellate Division, Second 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]).