Matter of Woodside v New York State Department of Correct
Motion No: 2013-02408
Slip Opinion No: 2013 NY Slip Op 68084(U)
Decided on March 21, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M153289

E/ct

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2013-02408

In the Matter of Britteny Woodside, appellant,

v New York State Department of Corrections and

Community Supervision, et al., respondents.

(Index No. 1544/13)

DECISION & ORDER ON MOTION

Motion by Britteny Woodside for leave to appeal to this Court from an order to show cause of the Supreme Court, Westchester County, dated March 1, 2013, and, in effect, to direct the respondents to admit her and her baby to the Nursery Program at Bedford Hills Correctional Facility, pending hearing and determination of the appeal.

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 it is further,

ORDERED that the temporary restraining order in the order to show cause dated March 6, 2013 is continued either pending hearing and determination of the appeal or pending determination of the proceeding initiated by the order to show cause dated March 1, 2013, whichever occurs first.

SKELOS, J.P., BALKIN, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court