
    In the Matter of John Warburton, Appellant, v Department of Correctional Services et al., Respondents.
    Submitted February 24, 1997;
    decided May 1, 1997
   On the Court’s own motion, appeal transferred, without costs, to the Appellate Division, Third 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.  