
    In the Matter of Douglas J. Gould, Appellant, v Joseph Costello, as Superintendent of Mid-State Correctional Facility, et al., Respondents.
    Submitted June 17, 1991;
    decided September 10, 1991
   On the Court’s own motion, appeal transferred, without costs, 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]). Motion for poor person relief dismissed as academic.  