Majority
p. 779In the Matter of Moshe Piller, Appellant, et al., Petitioners, v Shaun Donovan et al., Respondents. Submitted June 19, 2006; decided July 6, 2006
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]).