
    In the Matter of Carl D. Rosel, Appellant, v Patricia Ellison et al., Respondents.
    Submitted October 17, 1994;
    decided December 13, 1994
   On the Court’s own motion, appeal transferred, without costs, 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 [b] [2]). Motion for poor person relief and a preference dismissed as academic.  