
    Ten’s Cabaret, Inc., Formerly Known as Stringfellow’s of New York, Ltd., et al., Respondents, v City of New York et al., Appellants.
    Submitted January 12, 2004;
    decided January 12, 2004
   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]).  