
    Frederick W. Cook et al., Respondents-Appellants, v City of Binghamton, Appellant-Respondent, et al., Defendants.
    Decided June 6, 1978
   Appeal and cross appeal transferred by the Court of Appeals sua sponte, to the Appellate Division, Third Department, without costs, upon the ground that a direct appeal does not lie where questions other than the constitutional validity of a statutory provision are involved (NY Const, art VI, § 5, subd b; CPLR 5601, subd [b], par 2).  