| Matter of O'Brien v Spitzer |
| Motion No: 2003-03898 |
| Slip Opinion No: 2006 NYSlipOp 61067(U) |
| Decided on January 25, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M35278
Y/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2003-03898 In the Matter of Stephen L. O'Brien, respondent, v Eliot Spitzer, etc., appellant. (Index No. 28900-02)
| DECISION & ORDER ON MOTION |
Motion by Eliot Spitzer for leave to appeal to the Court of Appeals pursuant to CPLR 5602(b)(1) from an opinion and order of this court dated October 17, 2005, which affirmed a judgment of the Supreme Court, Suffolk County, dated April 17, 2003.
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 order of this court dated October 17, 2005, properly made?
Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).
H. MILLER, J.P., COZIER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court