
    The People of the State of New York ex rel. Robert E. Whitehead, Appellant, v Victor Herbert, as Superintendent of Attica Correctional Facility, Respondent.
    Submitted December 16, 2002;
    decided February 25, 2003
   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 leave to appeal dismissed upon the ground that the Court of Appeals does not have jurisdiction to entertain the motion (NY Const, art VI, § 3 [b]; CPLR 5602). Motion for poor person relief dismissed as academic.  