Matter of Hock v Brennan
Motion No: 2013-07295
Slip Opinion No: 2013 NY Slip Op 80934(U)
Decided on July 29, 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

M159990

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX, JJ.

2013-07295

In the Matter of Steve Hock, petitioner,

v Michael Brennan, etc., et al., respondents.

DECISION & ORDER ON MOTION

Motion by the petitioner in a proceeding pursuant to CPLR article 78, in effect, in the nature of prohibition to prohibit the respondent Michael Brennan, a Justice of the Supreme Court, Kings County, from enforcing an order issued by Justice Brennan dated April 8, 2013, entered in a criminal action entitled People v Hock, commenced under Kings County Criminal Court Docket No. 76512/08.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that motion is granted to the extent that enforcement of so much of the order dated April 8, 2013, as directs execution of the sentence of incarceration is stayed pending hearing and determination of this proceeding and the motion is otherwise denied.

ANGIOLILLO, J.P., DICKERSON, SGROI and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court