| VIRGIL SMITH, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF DEREK SMITH, A MINOR V HAZEL E. SHERWOOD CITY OF |
| Motion No: 1634-09 |
| Slip Opinion No: 2010 NY Slip Op 67213(U) |
| Decided on March 19, 2010 |
| 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: FAHEY, J.P., PERADOTTO., GREEN, AND GORSKI, JJ.
MOTION NO. 1634-09
DOCKET NO. CA 09-01333
| VIRGIL SMITH, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF
DEREK SMITH, A MINOR, PLAINTIFF-APPELLANT, V HAZEL E. SHERWOOD, DEFENDANT, CITY OF SYRACUSE, SYRACUSE CITY SCHOOL DISTRICT,
BOARD OF EDUCATION OF SYRACUSE CITY SCHOOL DISTRICT, CENTRAL NEW YORK REGIONAL TRANSPORTATION AUTHORITY, ALSO KNOWN AS
CENTRO, INC., AND THEODORE R. GRAY, DEFENDANTS-RESPONDENTS. |
Respondents Cental New York Regional Transportation Authority and Theodore R. Gray having moved for leave to appeal to the Court of Appeals from the order of this Court entered December 30, 2009,
Now, upon reading and filing the affidavit of Stephen T. Helmer, sworn to February 2, 2010, the affidavit of Joshua Michael Gillette sworn to February 9, 2010, the notice of motion with proof of service thereof, the opposing affirmation of Erin K. Skuce dated February 10, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion 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