| Matter of B. (Anonymous) v Sproat |
| Motion No: 2011-03471 |
| Slip Opinion No: 2013 NY Slip Op 69361(U) |
| Decided on April 3, 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
M154002
E/sl
RANDALL T. ENG, P.J.
REINALDO E. RIVERA
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2011-03471 In the Matter of Allen B. (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, and the decision and order on motion of this Court dated March 6, 2013, are recalled and vacated and the following decision and order on motion is substituted therefor:
Motion by Christine A. Sproat and Michael Hogan for leave to appeal to the Court of Appeals from a decision 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 decision 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