
    In the Matter of Richard E. Kaplan, Appellant, v Timothy Julian, as Mayor of the City of Utica, et al., Respondents.
    Submitted September 6, 2005;
    decided September 20, 2005
   Appeal transferred, without costs, by the Court of Appeals, sua sponte, to the Appellate Division, Fourth 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]).  