| Matter of D. (Anonymous) v Wood |
| Motion No: 2011-11138 |
| Slip Opinion No: 2013 NY Slip Op 76247(U) |
| Decided on June 7, 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
M157592
E/sl
RANDALL T. ENG, P.J.
REINALDO E. RIVERA
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2011-11138 In the Matter of Norman D. (Anonymous), petitioner, v Charles D. Wood, etc., et al., respondents.
| DECISION & ORDER ON MOTION |
Motion by the respondents Charles D. Wood and Michael F. Hogan for leave to appeal to the Court of Appeals from a decision and judgment of this Court dated December 26, 2012, which determined a proceeding pursuant to CPLR article 78 in the nature of a writ of prohibition, in effect, to prohibit enforcement of a provision of an amended order of conditions dated August 2, 2011, issued by the respondent Charles D. Wood, a Justice of the Supreme Court, Dutchess County.
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 December 26, 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