Majority
p. 778In the Matter of Seann Patrick Riley, on Behalf of Paul Germain, Appellant, v Ralph Fabrizio et al., Respondents. Submitted January 26, 2009; decided March 31, 2009
Motion to vacate this Court’s January 5, 2009 order dismissing the appeal for failure to prosecute granted, and appeal reinstated [see 11 NY3d 921 (2009)]. On the Court’s own motion, appeal dismissed, without costs, upon the ground that no substantial constitutional question is directly involved.
Chief Judge Lippman taking no part.