| Matter of Alvin W. McLean v N. Y. State Dept. of Corr.& Community Supervision |
| Motion No: |
| Slip Opinion No: 2014 NY Slip Op 83526 |
| Decided on September 16, 2014 |
| Court of Appeals Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and subject to revision before publication in the Official Reports. |
In the Matter of Alvin W. McLean,
Appellant,
v
New York State Department of Corrections and Community Supervision,
Respondent.
Appeal transferred without costs, by the Courtsua 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 (see NY Const, art VI, §§ 3[b][2], 5[b]; CPLR 5601[b][2]).