TOBIN v. COUNTY OF ULSTER

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 a statutory provision are involved (NY Const, art VI, §§ 3[b][ 2], 5[b]; CPLR 5601[b][2]).

Motion for relief ancillary to the appeal dismissed as academic.