
    Albert Prodell et al., Respondents, v State of New York, Defendant, and Town of Brookhaven, Appellant.
    Submitted September 18, 1995;
    decided September 21, 1995
   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 [b] [2]).  