| Cusumano v City of New York |
| Motion No: 2007-01056 |
| Slip Opinion No: 2009 NY Slip Op 75495(U) |
| Decided on June 18, 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
M88276
E/sl
ROBERT A. SPOLZINO, J.P.
RUTH C. BALKIN
THOMAS A. DICKERSON
ARIEL E. BELEN, JJ.
|
2007-01056 Nocenzo Cusumano, et al., respondents, v City of New York, appellant. (Index No. 4207/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to the Court of Appeals pursuant to CPLR 5602(b)(1) from an opinion and order of this court dated April 7, 2009, which modified a judgment of the Supreme Court, Queens County, entered November 30, 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 April 7, 2009, properly made?
Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).
SPOLZINO, J.P., BALKIN, DICKERSON and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court