I rep a client in a Section 1983 case in fed. ct. The Defendant cops filed a Motion to Dismiss, based on the Rooker Feldman doctrine, which clearly does not apply to my case. The problem is, the J granted the motion over 120 days after it was filed. I have filed an appeal to the Second Circuit but same will not become effective until the judge denies my motion for reconsideration, which he has had before him, but not ruled on since April 3, 2009. What is my next best move, particularly if the Judge did exceed the time limit for his ruling on the Motion to Dismiss my case for lack of SMJ?