People ex rel. Rosario v. La Vallee , 38 N.Y.2d 1006 ( 1976 )

Appeal transferred, without costs, by the Court of Appeals sua sponte to the Appellate Division, Third 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], par 2; Matter of Bartsch v State of New York, 33 NY2d 938).