
    Elmer Van Wagner et al., Respondents, v Hyde Park Fire and Water District et al., Appellants.
    Decided October 24, 1989
   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 (NY Const, art VI, § 3 [b] [2]; § 5 [b]; CPLR 5601 [b] [2]).  