The People of the State of New York ex rel. Joel Anzalone, Appellant, v. Frank Irvin, as Superintendent of the Wende Correctional Facility, Respondent

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 [bj [2]).

Judge Titone taking no part.