| Anand v Kapoor |
| Motion No: 2007-05606 |
| Slip Opinion No: 2009 NY Slip Op 82678(U) |
| Decided on September 10, 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
M91739
E/sl
FRED T. SANTUCCI, J.P.
DANIEL D. ANGIOLILLO
RANDALL T. ENG
CHERYL E. CHAMBERS, JJ.
|
2007-05606 Azad Anand, et al., appellants, v Anoop Kapoor, respondent. (Index No. 15942/05)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Nassau County, dated May 7, 2007, which was determined by decision and order of this court dated April 21, 2009, or, in the alternative, for leave to appeal to the Court of Appeals pursuant to CPLR 5602(b)(1) 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 pursuant to CPLR 5602(b)(1) is granted, and the following question is certified to the Court of Appeals: Was the decision and order of this court dated April 21, 2009, properly made?
Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).
SANTUCCI, J.P., ANGIOLILLO, ENG and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court