
    A. Stephen Giannell, Appellant, v State of New York et al., Respondents.
    Submitted May 8, 1978;
    decided June 8, 1978
   Motion to dismiss the appeal herein granted to the extent that the appeal is transferred to the Appellate Division, Third Department, without costs, upon the ground that a direct appeal does not lie since questions other than the constitutional validity of a statutory provision are involved and no substantial constitutional question is involved (NY Const, art VI, § 5, subd b; CPLR 5601, subd [b], par 2).  