Philip-Lorca diCorcia Case Appeal Dismissed

I thought this had been settled a while back, but the appeals process takes a while, I suppose.

Case Over ‘Heads’ Photo Is Dismissed

"Do people walking down the street have a right of privacy against having their picture taken, without permission, for a gallery show? The Court of Appeals, the state’s highest court, skirted that issue on Thursday when it cited procedural grounds to dismiss a lawsuit by an ultra-Orthodox Jewish man who had sued a photographer on religious grounds. The court did not address the privacy issues at the heart of the case."

If I'm understanding this, does that mean the privacy issues have not been adjudicated -- that the dismissal was based on the claim being filed too late?