Appellate Division: Second Judicial Department

M77068

E/kmg

WILLIAM F. MASTRO, J.P.

STEVEN W. FISHER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2007-00874 Melanie Petrone, appellant, v Bernard Fernandez, et al., respondents. (Index No. 20359/05)

DECISION & ORDER ON MOTION

Motion by the respondent James McCloy on an appeal from an order of the Supreme Court, Queens County, dated November 29, 2006, which was determined by opinion and order of this court dated July 8, 2008, for leave to appeal to the Court of Appeals pursuant to CPLR 5602(b)(1) from so much of the opinion and order dated July 8, 2008, as, upon modifying the order dated November 29, 2006, deleted the provision of the order, which, upon searching the record, awarded summary judgment dismissing the second cause of action insofar as asserted against him.

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 so much of the opinion and order of this court dated July 8, 2008, as, upon modifying an order of the Supreme Court, Queens County, dated November 29, 2006, deleted the provision of the order, which, upon searching the record, awarded summary judgment dismissing the second cause of action insofar as asserted against the respondent James McCloy, properly made?

Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).

MASTRO, J.P., FISHER, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court