Majority
p. 736In the Matter of Errol Irving, Appellant, v New York State Division of Parole, Respondent. Submitted May 22, 2006; decided June 8, 2006
Appeal transferred, without costs, by the Court of Appeals, sua sponte, 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]).