| Matter of T. (Anonymous), Robert v Sproat |
| Motion No: 2011-03469 |
| Slip Opinion No: 2013 NY Slip Op 66454(U) |
| Decided on March 6, 2013 |
| 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
M152507
S/ct
RANDALL T. ENG, P.J.
REINALDO E. RIVERA
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2011-03469 In the Matter of Robert T. (Anonymous), petitioner, v Christine A. Sproat, etc., et al., respondents.
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated March 1, 2013, in the above-entitled appeal is recalled and vacated and the following decision and order on motion is substituted therefor:
Motion by the petitioner for leave to appeal to the Court of Appeals from an opinion and judgment of this Court dated November 28, 2012, which determined a proceeding pursuant to CPLR article 78 in the nature of prohibition.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the following question is certified to the Court of Appeals: Was the opinion and judgment of this court dated November 28, 2012, properly made?
Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).
ENG, P.J., RIVERA, AUSTIN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court