| CHRISTOPHER OURSLER, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF JULIE OURSLER, DECEASED V ROBERT E. BRENNAN AND |
| Motion No: 841-09 |
| Slip Opinion No: 2009 NY Slip Op 93101(U) |
| Decided on December 30, 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, CARNI, AND GORSKI, JJ.
MOTION NO. 841-09
DOCKET NO. CA 08-01231
| CHRISTOPHER OURSLER, INDIVIDUALLY AND AS ADMINISTRATOR OF THE
ESTATE OF JULIE OURSLER, DECEASED, PLAINTIFF-APPELLANT, V ROBERT E. BRENNAN, DEFENDANT-APPELLANT, AND MALBEAT, INC., DOING
BUSINESS AS MALLWITZ'S ISLAND LANES, DEFENDANT-RESPONDENT. |
Respondent having moved for leave to appeal to the Court of Appeals from the order of this Court entered August 28, 2009,
Now, upon reading and filing the affidavit of Douglas S. Coppola sworn to November 4, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Michael J. Willett sworn to November 12, 2009, the opposing affirmation of Debra A. Norton dated November 13, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion 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 August 28, 2009, properly made?
Entered: December 30, 2009
Patricia L. Morgan, Clerk