
    The People of the State of New York ex rel. Joseph Peters, Also Known as Peta, Appellant, v New York State Department of Corrections et al., Respondents.
    Decided May 5, 1981
   Appeal transferred, without costs, by the Court of Appeals sua sponte to the Appellate Division, Second Department. 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; Matter of Bartsch v State of New York, 33 NY2d 938).  