UTICA MUTUAL INSURANCE COMPANY v. SCOTT

Motion granted to the extent that the appeal is transferred to the Appellate Division, Fourth 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, § 3, subd b, par [2]; § 5, subd b; CPLR 5601, subd [b], par 2; Matter of Bartsch v State of New York, 33 N.Y.2d 938.)