| Lucido v Mancuso |
| Motion No: 2005-07606 |
| Slip Opinion No: 2008 NYSlipOp 68750(U) |
| Decided on April 9, 2008 |
| 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
M68594
E/sl
STEVEN W. FISHER, J.P.
DAVID S. RITTER
JOSEPH COVELLO
THOMAS A. DICKERSON, JJ.
|
2005-07606 Grace Ruth Lucido, etc., appellant, v Mary Mancuso, defendant, Greenburgh Partnership No. 26, et al., defendants third-party plaintiffs-respondents; Delcon Construction Corporation, third-party defendant-respondent. (Index No. 99-2455)
| DECISION & ORDER ON MOTION |
Motion by Delcon Construction Corporation for leave to appeal to the Court of Appeals pursuant to CPLR 5602(b)(1) from an opinion and order of this court dated February 1, 2008, which determined an appeal from an order of the Supreme Court, Westchester County, dated December 7, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the motion is granted, and the following question is certified to the Court of Appeals: Was the opinion and order of this court dated February 1, 2008, properly made?
Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).
FISHER, J.P., RITTER, COVELLO and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court