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

MOTION NO. 1086-09
DOCKET NO. CA 09-00017

YASMIN KABIR, PLAINTIFF-APPELLANT, V COUNTY OF MONROE, MONROE COUNTY SHERIFF DEPARTMENT, KNOWN OR UNKNOWN MEMBERS OF MONROE COUNTY SHERIFF DEPARTMENT AND SUPERVISORY PERSONNEL, MONROE COUNTY SHERIFF PATRICK M. O'FLYNN, AND JOHN DIDOMENICO, INDIVIDUALLY, AND AS A MONROE COUNTY DEPUTY SHERIFF, DEFENDANTS-RESPONDENTS.

Respondents having moved for correction of, reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered December 30, 2009, and for an order staying the trial of damages in the Supreme Court, Monroe County pending determination of the appeal by the Court of Appeals,

Now, upon reading and filing the affirmation of Howard A. Stark dated January 29, 2010, the affirmation of Howard A. Stark dated February 5, 2010, the notices of motion with proof of service thereof, the opposing affirmation of Donald G. Rehkopf dated February 19, 2010, the reply affirmation of Howard A. Stark dated February 25, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks the correction of the order dated December 30, 2009 is denied, and

It is further ORDERED that the motion insofar as it seeks reargument is denied, and

It is further ORDERED that the motion insofar as it seeks to stay the trial of damages is denied, and

It is further ORDERED that the motion insofar as it requests leave to appeal to the Court of Appeals 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 December 30, 2010 properly made?

Entered: March 19, 2010

Patricia L. Morgan, Clerk