824 N.E.2d 49, 790 N.Y.S.2d 648 MATTER OF RODRIGUEZ v. KELLY. Court of Appeals of the State of New York. Decided December 21, 2004. Appeal from the 1st Dept: 8 AD3d 70. Motion for leave to appeal denied. Tagged: 790 N.Y.S.2d 648824 N.E.2d 49