| Raffellini v State Farm Mutual Automobile Insurance Com |
| Motion No: 2005-05611 |
| Slip Opinion No: 2007 NYSlipOp 64498(U) |
| Decided on March 5, 2007 |
| 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
M51627
E/sl
HOWARD MILLER, J.P.
ROBERT W. SCHMIDT
ROBERT A. LIFSON
JOSEPH COVELLO, JJ.
|
2005-05611 Nicholas Raffellini, respondent, v State Farm Mutual Automobile Insurance Company, appellant. (Index No. 30603/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant 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 24, 2006, which affirmed an order of the Supreme Court, Kings County, dated June 30, 2005. Separate motion by the New York Insurance Association, Inc., for leave to appear as amicus curiae in support of the motion.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion for leave to appear as an amicus curiae is denied; and it is further,
ORDERED that the motion for leave to appeal to the Court of Appeals is granted; and it is further,
ORDERED that the following question is certified to the Court of Appeals: Was the opinion and order of this court dated June 30, 2005, properly made?
Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).
MILLER, J.P., SCHMIDT, LIFSON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court