Motion to vacate this Court’s August 24, 2010 dismissal order granted [see 15 NY3d 801 (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 *858 a statutory provision are involved (NY Const, art VI, § 3. [b] [2]; § 5 [b]; CPLR 5601 [b] [2]).