| Matter of Jose Rivera v Lucien J. LeClaire, Jr., as Commr. of Correctional Servs. |
| Motion No: |
| Slip Opinion No: 2009 NYSlipOp 63512 |
| Decided on February 12, 2009 |
| 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 Jose Rivera,
Appellant,
v
Lucien J. LeClaire, Jr., as Commissioner of Correctional Services, et al.,
Respondents.
Appeal dismissed without costs, by the Courtsuasponte, upon the ground that no appeal lies as of right from the unanimous order of the Appellate Division absent the direct involvement of a substantial constitutional question (see CPLR 5601).
Chief Judge Lippman took no part.