Motion for leave to prosecute the appeal as a poor person 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. (NY Const, art VI, § 5, subd b; CPLR 5601, subd [b], par 2; Matter of Bartsch v State of New York, 33 NY2d 938.)