| Matter of Balzarini v Suffolk County Department of Social Se |
| Motion No: 2007-03771 |
| Slip Opinion No: 2009 NYSlipOp 60419(U) |
| Decided on January 9, 2009 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M80885
E/sl
ROBERT A. SPOLZINO, J.P.
DAVID S. RITTER
HOWARD MILLER
THOMAS A. DICKERSON, JJ.
|
2007-03771 In the Matter of John Balzarini, petitioner, v Suffolk County Department of Social Services, respondent. (Index No. 7895-06)
| DECISION & ORDER ON MOTION |
Motion by the Suffolk County Department of Social Services for leave to appeal to the Court of Appeals from an opinion and judgment of this court dated September 2, 2008, which determined a proceeding pursuant to CPLR article 78 to review a determination dated December 16, 2005. Separate motion by the New York State Department of Health for leave to reargue the proceeding or, in the alternative, for leave to appeal to the Court of Appeals from the opinion and judgment of this court.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to reargue is denied; and it is further,
ORDERED that the branch of the motion which is for leave to appeal and the motion for leave to appeal are granted, and the following question is certified to the Court of Appeals: Was the opinion and judgment of this court dated September 2, 2008, properly made?
Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).
SPOLZINO, J.P., RITTER, MILLER and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court