
    Jimmy E. Jones, Appellant, v Luke Smith, as Acting Commissioner of the Westchester County Department of Corrections, Respondent.
    Submitted August 28, 1995;
    decided September 14, 1995
   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 [b] [2]).  