Congregation Yetev Lev D'Satmar of Kiryas Joel, Inc. v C
Motion No: 2006-01382
Slip Opinion No: 2007 NYSlipOp 65117(U)
Decided on March 14, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M51865

E/sl

ROBERT W. SCHMIDT, J.P.

ROBERT A. SPOLZINO

ROBERT J. LUNN

JOSEPH COVELLO, JJ.

2006-01382

Congregation Yetev Lev D'Satmar of Kiryas

Joel, Inc., et al., plaintiffs-respondents, v

Congregation Yetev Lev D'Satmar, Inc.,

et al., appellants, U.T.A. Mesivta of KJ, et al.,

defendants-respondents, et al., defendants.

(Index No. 4495/05)

DECISION & ORDER ON MOTION

Separate motions by the plaintiff-respondent Congregation Yetev Lev D'Satmar of Kiryas Joel, Inc., and the defendant-respondent Congregation Yetev Lev D'Satmar, Inc., by Berl Friedman for leave to appeal to the Court of Appeals pursuant to CPLR 5602(b)(1) from a decision and order of this court dated July 11, 2006, which reversed an order of the Supreme Court, Orange County, dated February 9, 2006, insofar as appealed from.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motions are granted, and the following question is certified to the Court of Appeals: Was the decision and order of this court dated July 11, 2006, 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., SPOLZINO, LUNN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court