| Matter of Barnhart v Cataldo |
| 2004 NY Slip Op 06620 [10 AD3d 544] |
| September 21, 2004 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Katherine Barnhart et al., Petitioners, v John Cataldo et al., Respondents. |
—[*1]Application for an order pursuant to article 78 of the Civil Practice Law and Rules denied and the petition dismissed, without costs or disbursements, without prejudice to raising the same or similar arguments on direct appeal from a judgment of conviction. Motions seeking leave to file amicus curiae briefs granted. No opinion. Order filed. Concur—Buckley, P.J., Lerner, Friedman, Sweeny and Catterson, JJ.