
    In the Matter of Town of Montauk, Inc., Appellant, v George E. Pataki, as Governor of the State of New York, et al., Respondents.
    Submitted October 17, 2005;
    decided October 27, 2005
   Appeal transferred, without costs, by the Court of Appeals, sua sponte, to the Appellate Division, Second 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 Cb] [2]).  