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MATTER OF CLARK v. BOYLE

Index No. 70324/22. Appeal No. 16310-M-2177. Case No. 2022-02281.

210 A.D.3d 463 (2022)

178 N.Y.S.3d 497

2022 NY Slip Op 06316

In the Matter of Darcel D. Clark, Petitioner, v. Denis J. Boyle et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 10, 2022.

Attorney(s) appearing for the Case

Darcel D. Clark , District Attorney, Bronx ( David M. Cohn of counsel), for petitioner.

The Bronx Defenders, Bronx ( Steven Benathen of counsel), for B.G., respondent.

Concur— Acosta, P.J., Mazzarelli, Gesmer, Pitt, JJ.

Petition pursuant to CPLR article 78 to prohibit the enforcement of an order, Supreme Court, Bronx County (Denis J. Boyle, J.), entered on or about January 28, 2022, which ordered the prosecution of an adolescent offender to proceed in accordance with CPL 722.23(1), and an order, same court (Naita A. Semaj, J.), entered on or about March 21, 2022, which denied petitioner's motion to prevent removal of the prosecution to Family Court pursuant to CPL 722.23(1), and seeking...

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