
    In the Matter of Ellis Eiland, Appellant, v Thomas Poole, as Superintendent of Five Points Correctional Facility, Respondent.
    Submitted September 5, 2006;
    decided September 12, 2006
   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]).  