
    Town of Brookhaven et al., Appellants, v State of New York et al., Respondents.
    Decided February 17, 1988
   Appeal transferred, without costs, by the Court of Appeals, sua sponte, to the Appellate Division, Third 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 M [2]).

Judge Titone taking no part.  