September 8, 2009
EDWARD KOEHL, APPELLANT,
S. MIRZA ET AL., RESPONDENTS.
This memorandum is uncorrected and subject to revision before publication in the New York Reports.
Upon reargument, following remand by the Supreme Court of the United States, this Court's November 27, 2007 dismissal order vacated and appeal reinstated (see Koehl v Mirza, ___ US ___, 129 S Ct 2734 ; Haywood v Drown, 556 US ___, 129 S Ct 2108 ).
Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
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