| CAYUGA INDIAN NATION OF NEW YORK V CAYUGA COUNTY SHERIFF DAVID S. GOULD AND SENECA COUNTY SHERIFF JACK S. STENBERG, - . |
| Motion No: 615.1-09 |
| Slip Opinion No: 2009 NY Slip Op 85788(U) |
| Decided on October 2, 2009 |
| Appellate Division, Fourth 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. |
PRESENT: HURLBUTT, J. P., CENTRA, PERADOTTO, GREEN, AND GORSKI, JJ.
MOTION NO. 615.1-09
DOCKET NO. CA 08-02582
| CAYUGA INDIAN NATION OF NEW YORK, PLAINTIFF-APPELLANT, V
CAYUGA COUNTY SHERIFF DAVID S. GOULD AND SENECA COUNTY SHERIFF JACK S. STENBERG, DEFENDANTS-RESPONDENTS, ET AL.,
DEFENDANTS. |
Defendants having moved for leave to appeal to the Court of Appeals from the order of this Court entered July 10, 2009, and for a stay pursuant to CPLR 5519 (c),
Now, upon reading and filing the affidavit of Philip G. Spellane sworn to August 19, 2009, the notice of motion with proof of service thereof, the undated affirmation of Morrie I. Kleinbart, the opposing affidavit of BJ Radford sworn to August 25, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it requests a stay be, and the same hereby is, denied, and
It is further ORDERED that the motion insofar as it requests leave 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 July 10, 2009 properly made?
Entered: October 2, 2009
Patricia L. Morgan, Clerk