Opinion
No. 2010-668.
Submitted June 14, 2010.
decided August 26, 2010.
Motion to vacate this Court's May 7, 2010 dismissal order granted [ see 14 NY3d 884 (2010)]. On the Court's own motion, appeal transferred, without costs, to the Appellate Division, Third 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];CPLR5601 [b] [2]).