Opinion
2011-03469 M152507
03-06-2013
In the Matter of Robert T. (Anonymous), petitioner, v. Christine A. Sproat, etc., et al., respondents.
, P.J.
REINALDO E. RIVERA
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
DECISION & ORDER ON MOTION
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated March 1, 2013, in the above-entitled appeal is recalled and vacated and the following decision and order on motion is substituted therefor:
Motion by the petitioner for leave to appeal to the Court of Appeals from an opinion and judgment of this Court dated November 28, 2012, which determined a proceeding pursuant to CPLR article 78 in the nature of prohibition.
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 opinion and judgment of this court dated November 28, 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