| San Marco v Village/Town of Mount Kisco |
| Motion No: 2007-11761 |
| Slip Opinion No: 2009 NYSlipOp 67225(U) |
| Decided on March 20, 2009 |
| 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
M84100
E/sl
A. GAIL PRUDENTI, P.J.
MARK C. DILLON
DAVID S. RITTER
HOWARD MILLER, JJ.
|
2007-11761 Dale R. San Marco, et al., respondents, v Village/Town of Mount Kisco, appellant. (Index No. 7205/05)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated November 19, 2007, which was determined by decision and order of this court dated December 23, 2008, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to reargue is denied; and it is further
ORDERED that the branch of the motion which is for leave to appeal to the Court of Appeals is granted, and the following question is certified to the Court of Appeals: Was the decision and order of this court dated December 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., DILLON, RITTER and MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court