Di Biase v. Piscitelli

Appeal transferred by the Court of Appeals, sua sponte, to the Appellate Division, Second Department, without costs, upon the ground that a direct appeal does not lie where questions other than the constitutional validity of a statutory provision are involved (NY Const, art VI, § 3, subd b, par [2]; § 5, subd b; CPLR 5601, subd [b], par 2).