Majority
p. 916Zichrini Oster et al., Appellants, v State of New York et al., Respondents. Submitted September 4, 2007; decided September 18, 2007
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 (see NY Const, art VI, § 3 [b] [2]; § 5 [b]; CPLR 5601 [b] [2]).