
    Marshall R. Fine, Appellant, v Commissioner of the Department of Consumer Affairs of the City of New York et al., Respondents.
    Decided February 22, 1990
   Appeal transferred, without costs, by the Court of Appeals sua sponte, to the Appellate Division, First 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]).  