
    The People of the State of New York ex rel. John Buttery, Appellant, v Harold J. Smith, as Superintendent of Attica Correctional Facility, Respondent.
    Submitted January 25, 1982;
    decided February 9, 1982
   Appeal transferred, without costs, to the Appellate Division, Fourth Department, by the Court of Appeals sua sponte. A direct appeal does not lie where questions other than the constitutional validity of a statutory provision are involved (NY Const, art VI, § 3, subd b, par [2]; § 5, subd b; CPLR 5601, subd [b], par 2).  