Matter of Seann Patrick Riley on Behalf of Paul Germain v The Honorable Ralph Fabrizio, etc.

Matter of Seann Patrick Riley on Behalf of Paul Germain v The Honorable Ralph Fabrizio, etc.
Motion No: 2009-139
Slip Opinion No: 2009 NYSlipOp 68041
Decided on March 31, 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 Seann Patrick Riley on Behalf of Paul Germain,

Appellant,


v

The Honorable Ralph Fabrizio, etc. et al.,

Respondents.

Motion to vacate this Court's

January 5, 2009 order dismissing the appeal for failure to prosecute granted, and appeal reinstated.

On the Court's own motion, appeal dismissed, without costs, upon the ground that no substantial constitutional question is directly involved.

Chief Judge Lippman took no part.