| LARRY C. HOLLY AND SANDRA HOLLY, - V COUNTY OF CHAUTAUQUA AND E.E. AUSTIN & SON, INC. |
| Motion No: 630-09 |
| Slip Opinion No: 2009 NY Slip Op 85803(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: SCUDDER, P. J., SMITH, FAHEY, CARNI, AND PINE, JJ.
MOTION NO. 630-09
DOCKET NO. CA 08-02453
| LARRY C. HOLLY AND SANDRA HOLLY, PLAINTIFFS-RESPONDENTS V
COUNTY OF CHAUTAUQUA AND E.E. AUSTIN & SON, INC., DEFENDANTS-APPELLANTS. |
Defendants having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered June 5, 2009,
Now, upon reading and filing the affidavit of Ryan K. Cummings sworn to June 26, 2009, the notice of motion with proof of service thereof, the opposing affidavit of John A. Collins sworn to June 29, 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 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 June 5, 2009 properly made?
Entered: October 2, 2009
Patricia L. Morgan, Clerk