
    The People of the State of New York ex rel. Ernest Smith, Appellant, v Fransisco Rivera, as Superintendent of Wallkill Correctional Facility, Respondent.
    Submitted February 9, 2009;
    decided March 31, 2009
   On the Court’s own motion, appeal dismissed, without costs, upon the ground that no substantial constitutional question is directly involved. Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.  