
    Tom Kerrigan, Respondent, v John Kenny, Appellant.
    Decided April 25, 1985
   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 because the constitutional validity of a statutory provision is not the only question involved (NY Const, art VI, § 5 [b]; CPLR 5601 [b] [2]).  