| Whelan v Longo |
| Motion No: 2004-04156 +1 |
| Slip Opinion No: 2006 NYSlipOp 64708(U) |
| Decided on March 7, 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
M36520
O/sl
A. GAIL PRUDENTI, P.J.
ROBERT W. SCHMIDT
FRED T. SANTUCCI
ROBERT A. SPOLZINO, JJ.
|
2004-04156, 2004-05983 Stacey Whelan, appellant, v Lance Longo, respondent. (Index No. 13271-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue appeals from an order of the Supreme Court, Suffolk County, dated April 13, 2004, and a judgment of the same court, entered June 22, 2004, which were determined by decision and order of this court dated November 14, 2005, or, in the alternative, for leave to appeal to the Court of Appeals pursuant to CPLR 5602(a)(1)(i) from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to reargue the appeals is denied; and it is further,
ORDERED that the branch of the motion which is for leave to appeal to the Court of Appeals is granted, and the following question is certified to the Court of Appeals: Was the decision and order of this court dated November 14, 2005, properly made?
Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).
PRUDENTI, P.J., SCHMIDT, SANTUCCI and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court