| Gary J. Lavine v State of New York |
| Motion No: |
| Slip Opinion No: 2023 NY Slip Op 68563 |
| Decided on June 13, 2023 |
| 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. |
Gary J. Lavine,
Appellant,
v
State of New York, et al.,
Respondents.
Appeal transferred without costs, by the Courtsua sponte, to the Appellate Division, Fourth Department, upon the ground that a direct appeal does not lie where 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]).