Negative
Reversed by Matter of Katherine B. v Cataldo, 5 NY3d 196 (2005)
Reversed by Matter of Katherine B. v Cataldo, 5 NY3d 196 (2005)
Matter of Barnhart v Cataldo, 2004 NY Slip Op 06620 [10 AD3d 544]
September 21, 2004
Appellate Division, First Department
— [*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.