
    In the Matter of Ann Poole, as Executrix of Nancy E. Hogan, Deceased, Respondent. Samuel B. Wallace, IV, Appellant.
    Submitted September 10,1990;
    decided September 19, 1990
   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]).  