People ex rel. Hajduchik v. Warden, New York City House of Detention for Men (46 N.Y.2d 1038, 1979)

On the court’s own motion, appeal transferred, without costs, to the Appellate Division, First 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). Motion for assignment of counsel dismissed as academic.