
    In the Matter of Mark LaBounty, Appellant, v James Berbary, as Superintendent of Collins Correctional Facility, Respondent.
    Submitted April 22, 2002;
    decided May 7, 2002
   Appeal transferred, without costs, by the Court of Appeals, sua sponte, to the Appellate Division, Fourth 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]).  