Jacob Kaufman, as a Named Executor of Gussie Kaufman, Deceased, Appellant, v. Montefiore Medical Center, Respondent

Appeal transferred, without costs, by the Court of Appeals sua sponte, to the Appellate Division, First Department. A direct appeal does not lie where 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]).