On the court’s own motion, appeal transferred, without costs, to the Appellate Division, Second Department. 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], *954par 2; Matter of Bartsch v State of New York, 33 NY2d 938). Motion for assignment of counsel dismissed as academic.