Opinion
Decided September 17, 2009.
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]).