PRESENT: SMITH, J.P., CENTRA, FAHEY, AND GREEN,JJ.

DOCKET NO. CA 08-00835

MOTION NO. 1330/08 IN THE MATTER OF LIGHTHOUSE POINTE PROPERTY ASSOCIATES LLC, PETITIONER-RESPONDENT, V NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, ALEXANDER B. GRANNIS, COMMISSIONER, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, AND DALE A. DESNOYERS, DIRECTOR, DIVISION OF ENVIRONMENTAL REMEDIATION, RESPONDENTS-APPELLANTS.

Petitioner having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered February 6, 2009,

Now, upon reading and filing the affirmation of Alan J. Knauf dated March 13, 2009, the affirmation of Linda R. Shaw dated March 13, 2009, the affirmation of Patrick M. Malgieri dated March 12, 2009, the affirmation of Lawrence P. Schnapf dated March 13, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Karen P. Kaufmann dated March 20, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it requests reargument be, and the same hereby is, denied, and

It is further ORDERED that the motion insofar as it requests leave to appeal to the Court of Appeals be, and the same hereby is, granted, this Court being of the opinion that a question of law has arisen that ought to be reviewed by the Court of Appeals, and the following question is hereby certified: Was the order of this Court entered February 6, 2009 properly made?

Entered: April 24, 2009

Patricia L. Morgan, Deputy Clerk