Bazakos v Lewis
Motion No: 2006-11722
Slip Opinion No: 2008 NYSlipOp 88972(U)
Decided on November 13, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M78495

E/sl

A. GAIL PRUDENTI, P.J.

PETER B. SKELOS

FRED T. SANTUCCI

JOSEPH COVELLO

EDWARD D. CARNI, JJ.

2006-11722

Lewis J. Bazakos, appellant,

v Philip Lewis, respondent, et al., defendant.

(Index No. 14242/04)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to appeal to the Court of Appeals pursuant to CPLR 5602(b)(1) from an opinion and order of this court dated September 23, 2008, which reversed an order of the Supreme Court, Nassau County, entered November 17, 2006.

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 opinion and order of this court dated September 23, 2008, properly made?

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

PRUDENTI, P.J., SKELOS, SANTUCCI, COVELLO and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court