PRESENT: SCUDDER, P. J., PERADOTTO, CARNI, GREEN, AND GORSKI, JJ.

MOTION NO. 528-09
DOCKET NO. CA 08-01230

CHARLES SCAPARO AND DARLENE SCAPARO, PLAINTIFFS-APPELLANTS-RESPONDENTS, V VILLAGE OF ILION, ET AL., DEFENDANTS, HERKIMER COUNTY INDUSTRIAL DEVELOPMENT AGENCY, DEFENDANT-RESPONDENT, AND OUR LADY QUEEN OF APOSTLES CHURCH OF ST. MARY OF MOUNT CARMEL/S.S. PETER AND PAUL, DEFENDANT-RESPONDENT-APPELLANT. (ACTION NO. 1.) ANTHONY YERO AND CYNTHIA YERO, PLAINTIFFS-APPELLANTS-RESPONDENTS, V VILLAGE OF ILION, ET AL., DEFENDANTS, HERKIMER COUNTY INDUSTRIAL DEVELOPMENT AGENCY, DEFENDANT-RESPONDENT, AND OUR LADY QUEEN OF APOSTLES CHURCH OF ST. MARY OF MOUNT CARMEL/S.S. PETER AND PAUL, DEFENDANT-RESPONDENT-APPELLANT. (ACTION NO. 2.)

Plaintiffs having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered July 10, 2009,

Now, upon reading and filing the affidavit of Anthony J. Brindisi sworn to August 24, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Robert P. Roche sworn to August 28, 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 appeal to the Court of Appeals, be, and the same hereby is, granted, this Court being of the opinion that a

MOTION NO. 528/09

DOCKET NO. CA 08-01230

OCTOBER 2, 2009

PAGE 2

question of law has arisen which 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