State Farm Mutual Automobile Insurance Company v Lang
Motion No: 2006-09040
Slip Opinion No: 2009 NY Slip Op 81294(U)
Decided on August 25, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M91210

E/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

STEVEN W. FISHER

RUTH C. BALKIN, JJ.

2006-09040

State Farm Mutual Automobile Insurance

Company, respondent, v John Robert Langan,

etc., appellant.

(Index No. 15384/02)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to the Court of Appeals pursuant to CPLR 5602(b)(1) from the opinion and order of this court dated September 16, 2008, which modified an order of the Supreme Court, Nassau County, entered August 10, 2006, and separate motion by the respondent for the same relief

Upon the papers filed in support of the motions, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motions are granted, and the following question is certified to the Court of Appeals: Was the opinion and order of this court dated September 16, 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., MASTRO, FISHER and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court