
    The People of the State of New York ex rel. Narcisco Rosario, Appellant, v Robert J. Henderson, as Superintendent of Auburn Correctional Facility, Respondent.
    Decided September 10, 1981
   Appeal transferred, without costs, by the Court of Appeals sua sponte, to the Appellate Division, Fourth Depart-

ment. A direct appeal does not lie where questions other than the constitutional validity of a statutory provision are involved (NY Const, art VI, § 3, subd b, par [2] ; § 5, subdb; CPLR 5602, subd [b], par 2).  