
    Thomas Fitzgerald, Appellant, v Jean Matthews, Respondent.
    Submitted February 10, 1997;
    decided February 18, 1997
   Appeal transferred, without costs, by the Court of Appeals, sua sponte, to the Appellate Division, First 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]).  