| Groninger v Village of Mamaroneck |
| Motion No: 2008-08972 |
| Slip Opinion No: 2010 NY Slip Op 74417(U) |
| Decided on June 15, 2010 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M104099
E/ct
WILLIAM F. MASTRO, J.P.
STEVEN W. FISHER
DANIEL D. ANGIOLILLO
JOHN M. LEVENTHAL, JJ.
|
2008-08972 Margaret Groninger, appellant, v Village of Mamaroneck, respondent. (Index No. 06-24488)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Westchester County, dated July 22, 2008, which was determined by decision and order of this court dated November 10, 2009, or, in the alternative, for leave to appeal to the Court of Appeals pursuant to CPLR 5602(b)(1) from the decision and order of this court dated November 10, 2009.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to reargue the appeal is denied; and it is further,
ORDERED that the branch of the motion which is for leave to appeal to the Court of Appeals pursuant to CPLR 5602(b)(1) from the decision and order of this court dated November 10, 2009, is granted, and the following question is certified to the Court of Appeals: Was the decision and order of this court dated November 10, 2009, properly made?
Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).
MASTRO, J.P., FISHER, ANGIOLILLO and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court