MOTION NO. 918/07 RICHARD M. HAUZINGER V AURELA G. HAUZINGER
Motion No: CA 07-00659
Slip Opinion No: 2008 NYSlipOp 67631(U)
Decided on March 14, 2008
Appellate Division, Fourth 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.


March 14, 2008

PRESENT: SCUDDER, P.J., MARTOCHE, CENTRA, GREEN, AND PINE, JJ.

DOCKET NO. CA 07-00659

MOTION NO. 918/07

RICHARD M. HAUZINGER, PLAINTIFF,

V

AURELA G. HAUZINGER, DEFENDANT-RESPONDENT.



CARL R. VAHL, ESQ., APPELLANT.


Appellant having moved, upon the return of an order to show cause granted by the Honorable Elizabeth W. Pine on January 22, 2008, for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order this Court entered September 28, 2007,

Now, upon reading and filing the affirmation of Steven L. Abel dated January 21, 2008,

said show cause order with proof of service thereof, the opposing affirmation of

Steven H. Grocott dated February 15, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied insofar as it seeks reargument, and

It is further ORDERED that the motion is granted insofar as it seeks leave to appeal to the Court of Appeals, this Court being of the opinion that a question of law has arisen that ought to be reviewed by the Court of Appeals, and the following question is hereby certified: Was the order of this Court, entered September 28, 2007, properly made.

Entered: March 14, 2008

JoAnn M. Wahl, Clerk