Opinion
Submitted October 21, 1974
Decided December 19, 1974
Appeal from the Supreme Court, Suffolk County, ARTHUR M. CROMARTY, J.
Kenneth C. Butterfield, Town Attorney, for motion.
Alfred J. Skidmore opposed.
Motion dismissed as academic.
On the court's own motion, appeal transferred to the Appellate Division, Second Department, without costs. A direct appeal does not lie where questions other than the constitutional validity of a statutory provision are involved. (CPLR 5601, subd. [b], par. 2.) Accordingly, this appeal should be transferred to the Appellate Division. (N.Y. Const., art. VI, § 5, subd. b; cf. Matter of Bartsch v. State of New York, 33 N.Y.2d 938; Ryan v. Freeman, 24 N.Y.2d 942.)