Keane v Keane
Motion No: 2004-00109 +1
Slip Opinion No: 2006 NYSlipOp 68435(U)
Decided on May 9, 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

M39438

T/sl

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT J. LUNN, JJ.

2004-00109, 2004-07577

Nitza Keane, appellant-respondent,

v Frank M. Keane, respondent-appellant.

(Index No. 99-18696)

DECISION & ORDER ON MOTION

Motion by the appellant-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 January 26, 2006, which determined appeals from a judgment of the Supreme Court, Westchester County, dated November 14, 2003, and an order of the same court entered July 23, 2004.

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 January 26, 2006, 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., KRAUSMAN, GOLDSTEIN and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court