| Matter of Mill Creek Phase 1 Staten Island Bluebelt System |
| Motion No: 2005-10405 |
| Slip Opinion No: 2007 NYSlipOp 71986(U) |
| Decided on June 19, 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
M55953
E/sl
HOWARD MILLER, J.P.
ROBERT W. SCHMIDT
DAVID S. RITTER
DANIEL D. ANGIOLILLO, JJ.
|
2005-10405 In the Matter of Mill Creek Phase 1 Staten Island Bluebelt System. NYCTL 1998-1 Trust, appellant; Frank Vigliarolo, et al., respondents. (Index No. 2924/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to the Court of Appeals pursuant to CPLR 5602(b)(1) from a decision and order of this court dated March 13, 2007, which affirmed an order of the Supreme Court, Richmond County, dated August 9, 2005.
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 March 13, 2007, 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, RITTER and ANGIOLILLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court