Schmid v. Knauer

Appeal transferred, without costs, by the Court of Appeals, sua sponte, to the Appellate Division, Second Department, upon the ground that a direct appeal does not lie when questions other than the constitutional validity of a statutory provision are involved (see N.Y. Const., art. VI, §§ 3 [b][2], 5 [b]; CPLR 5601[b][2] ).