In the Matter of the Application of AES and RJS

Motion No: M-1207

Slip Opinion No: 2019 NYSlipOp 73632(U)

Decided on June 25, 2019

Appellate Division, First 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.

June 25, 2019

In the Matter of the Application of

AES and RJS,

Petitioners,

For a Judgment Pursuant to Article 78

of the New York Civil Practice Law and

Rules,

v OP. 165/18

Arthur M. Diamond, a Justice of the

Supreme Court of the State of New York

in and for the County of Nassau, Hope

Schwartz Zimmerman, a Justice of the

Supreme Court of the State of New York,

Nassau County, Hon. Thomas Adams, Justice

of the Supreme Court in his capacity

as Chief Administrative Judge for

Supreme Court, Nassau County, Randi

Sue Marber, a Justice of the Supreme

Court, Nassau County, Alan D. Scheinkman,

in his capacity as Presiding Justice of the

Appellate Division of the Supreme Court of

the State of New York, Second Department,

Harriet Weinberger, in her capacity as

administrator of the Attorney for the Child

Program of the Appellate Division, Second

Department and Mark B. Lew, also known as

Mark B. Lew, M.D., GS and Beth Ross, Esq.

Respondents.

By order dated November 14, 2018, The Appellate Division, Second Department having transferred to this Court the within petition which sought an order, inter alia, compelling respondent justices to vacate every order, judgment and decree issued in the

Supreme Court, Nassau County, under index number 8596/03 (Lew vs. Sobel), And by order entered April 9, 2019, this Court having denied and dismissed the petition, finding that the petitioners failed to meet the burden of demonstrating a "clear legal right" to the relief sought, and that neither mandamus nor prohibition is available, And petitioners having moved for leave to file an amended petition and for additional relief, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied. (See, M-1208, released simultaneously herewith). ENTERED: June 25, 2019

_____________________ CLERK

Present: Hon. Dianne T. Renwick, Justice Presiding, Rosalyn H. Richter Peter Tom Marcy L. Kahn Peter H. Moulton, Justices

M-1207