Kristi Foote et v Albany Medical Center Hospital et

Motion No: 506577

Slip Opinion No: 2010 NY Slip Op 64301(U)

Decided on February 24, 2010

Appellate Division, Third 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.

Decided and Entered: February 24, 2010

Case # 506577

KRISTI FOOTE et al., Appellants, v ALBANY MEDICAL CENTER HOSPITAL et al., Respondents.

DECISION AND ORDER ON MOTION

Motion for permission to appeal to the Court of Appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, without costs. No issue of fact was considered by this Court. Pursuant to CPLR 5713, this Court certifies that the following question of law, decisive of the correctness of its determination, has arisen, which in its opinion ought to be reviewed by the Court of Appeals: "Did this Court err, as a matter of law, in reversing, on the law, the order of the Supreme Court which granted defendants' motions for summary judgment dismissing the complaint, and remitting the matter to the Supreme Court for further proceedings not inconsistent with this Court's decision?"
ROSE, J.P., STEIN, McCARTHY and GARRY, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court