Bryant v State of New York
Motion No: 2004-03868 +1
Slip Opinion No: 2006 NYSlipOp 63058(U)
Decided on February 21, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M36166

O/sl

ROBERT W. SCHMIDT, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2004-03868, 2004-03869

William Bryant, appellant,

v State of New York, respondent.

(Claim No. 103376)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to appeal to the Court of Appeals pursuant to CPLR 5602(b)(1) from a decision and order of this court dated November 28, 2005, which determined appeals from a decision and a judgment of the Court of Claims, dated March 25, 2004, and April 12, 2004, respectively.

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 decision and order of this court dated November 28, 2005, properly made?

Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).

SCHMIDT, J.P., KRAUSMAN, GOLDSTEIN and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court