
    The People of the State of New York ex rel. Joel Anzalone, Appellant, v Frank Irvin, as Superintendent of the Wende Correctional Facility, Respondent.
    Submitted January 6, 1997;
    decided January 9, 1997
   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 [bj [2]).

Judge Titone taking no part.  