Matter of State of New York v B. (Anonymous)
Motion No: 2016-04960
Slip Opinion No: 2018 NY Slip Op 71148(U)
Decided on May 2, 2018
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

M249306

E/afa

REINALDO E. RIVERA, J.P.

MARK C. DILLON

COLLEEN D. DUFFY

ANGELA G. IANNACCI, JJ.

2016-04960

In the Matter of State of New York, petitioner-

respondent, v Anthony B. (Anonymous),

respondent-appellant.

(Index No. 16153/13)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant on an appeal from an order of the Supreme Court, Queens County, dated March 1, 2016, inter alia, in effect, to vacate a decision and order on motion of this Court dated March 30, 2018, which, among other things, remitted this matter to the Supreme Court, Queens County, for the purpose of conducting a Frye hearing (see Frye v United States, 293 F. 1013).

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

ORDERED that the motion is denied.

RIVERA, J.P., DILLON, DUFFY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court