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.)