| People ex rel. Blake v Pataki |
| Motion No: 2006-06899 |
| Slip Opinion No: 2009 NYSlipOp 68267(U) |
| Decided on April 1, 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
M84667
E/sl
WILLIAM F. MASTRO, J.P.
FRED T. SANTUCCI
RANDALL T. ENG
ARIEL E. BELEN, JJ.
|
2006-06899 The People, etc., ex rel. Howard Glenn Blake, alleged to be Larry Wayne Barnett, respondent, v George E. Pataki, etc., appellant. (Ind. No. 18800-06)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to appeal to the Court of Appeals pursuant to CPLR 5602(b)(1) from a decision and order of this court dated December 2, 2008, which reversed a judgment of the Supreme Court, Suffolk County, dated July 6, 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 decision and order of this court dated December 2, 2008, 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., SANTUCCI, ENG and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court