PRESENT: SCUDDER, P.J., MARTOCHE, GREEN, AND GORSKI, JJ.

CA 09-01547

MOTION NO. 527 SHEILA ELIZABETH EDWARDS, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF RICHARD F. EDWARDS, DECEASED, AND AS ADMINISTRATRIX OF THE ESTATE OF BRIAN EDWARDS, DECEASED, KELLY ELIZABETH EDWARDS, JANNA MARIE DESMARAIS, ROBERT JOSEPH DESMARAIS, TRACY LYNN DESMARAIS, JENNA M. UNDERWOOD, PATRICIA UNDERWOOD, DONALD UNDERWOOD, CARLY A. LABADIE, GUY P. LABADIE, NANCY LABADIE, MICHAEL W. COWAN, TORY J. GAULT, RANDY MICHAEL PAGEAU, LINDA JEAN PAGEAU, JASON P. MAILLOUX, MARCEL MAILLOUX, LOU-ANN MAILLOUX, TIFFANY STROUD, GARY LANGILL, AND CARRIE LANGILL, PLAINTIFFS-APPELLANTS, V ERIE COACH LINES COMPANY, COACH CANADA, INC., TRENTWAY-WAGAR, INC., RYAN A. COMFORT, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS. (APPEAL NO. 10.)

Plaintiffs having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered April 30, 2010,

Now, upon reading and filing the affidavit of Marc S. Albert, Esq. sworn to June 1, 2010, the notice of motion with proof of service thereof, the affirmation of Anthony J. Piazza, Esq. dated June 11, 2010, the affidavit of Glenn E. Pezzulo, Esq. sworn to June 11, 2010, and due deliberation having been had thereon,

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

It is further ORDERED that the motion insofar as it seeks 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 April 30, 2010 properly made?

Entered: July 2, 2010

Patricia L. Morgan, Clerk