
    The People of the State of New York ex rel. Peter Pomaro, Appellant, v Richard D. Hongisto, as Commissioner of the New York State Department of Correctional Services, et al., Respondents.
    Submitted March 31, 1980;
    decided April 22, 1980
   On the court’s own motion, appeal transferred, without costs, 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). Motion for assignment of counsel dismissed as academic.  