| Georgia Hargett v Town of Ticonderoga et |
| Motion No: 504804 |
| Slip Opinion No: 2009 NYSlipOp 63033(U) |
| Decided on January 30, 2009 |
| Appellate Division, Third 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. |
Decided and
Entered: January 30, 2009
Case # 504804
GEORGIA HARGETT, Appellant, v Respondents. | DECISION AND ORDER ON MOTION |
Motion for permission to appeal to the Court of Appeals.
Upon the papers filed in support of the motion and
the papers filed in opposition thereto, it is
ORDERED that the motion is granted, without costs. No issue of fact was considered by this
Court. Pursuant to CPLR 5713, this Court certifies that the following question of law, decisive of the correctness of its determination, has
arisen, which in its opinion ought to be reviewed by the Court of Appeals: "Did this Court err, as a matter of law, in modifying, on the law, the
order of the Supreme Court by reversing so much thereof as granted defendants' cross motion and as denied plaintiff's motion in its entirety;
denying defendants' cross motion, granting plaintiff's motion on the issue of liability, and remitting the matter to the Supreme Court for further
proceedings not inconsistent with this Court's decision and, as so modified, affirming the order?"
MERCURE, J.P., ROSE, KANE and
STEIN, JJ., concur.
ENTER:
Michael J. Novack
Clerk of the Court