Town of Black Brook v. State (37 N.Y.2d 785, 1975)

Appeal transferred to the Appellate Division, Third Department, by the Court of Appeals sua sponte, without costs, upon the ground that a direct appeal does not lie where questions other than the constitutional validity of a statutory provision are involved (CPLR 5601, subd [b], par 2; see Glass v Thompson, 36 NY2d 838).