| MOTION NO. 651 JENNIFER D. MARTINO V MICHAEL A. STOLZMAN MICHAEL OLIVER AND SUSAN OLIVER (ACTION NO. 1.) |
| Motion No: CA 09-02359 |
| Slip Opinion No: 2010 NY Slip Op 92273(U) |
| Decided on December 30, 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: MARTOCHE, J.P., SMITH, FAHEY, PERADOTTO, AND GREEN, JJ.
DOCKET NO. CA 09-02359
| MOTION NO. 651 JENNIFER D. MARTINO, PLAINTIFF-RESPONDENT,
V MICHAEL A. STOLZMAN, DEFENDANT-RESPONDENT, MICHAEL OLIVER AND SUSAN OLIVER, DEFENDANTS-APPELLANTS. (ACTION NO.
1.) JUDITH A. ROST, PLAINTIFF-RESPONDENT, V MICHAEL A. STOLZMAN, JENNIFER D. MARTINO, GINA L. AVINO,
DEFENDANTS-RESPONDENTS, MICHAEL OLIVER AND SUSAN OLIVER, DEFENDANTS-APPELLANTS. (ACTION NO.
2.) |
Defendants-appellants having moved for leave to appeal to the Court of Appeals from the order of this Court entered June 11, 2010,
Now, upon reading and filing the affidavit of Victor M. Wright, Esq. sworn to November 5, 2010, the notice of motion with proof of service thereof, and the affirmation of Daniel J. Chiacchia, Esq. dated November 9, 2010, and the affidavit of John A. Collins, Esq. sworn to November 12, 2010, and due deliberation having been had thereon,
It is 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 June 11, 2010 properly made?
Entered: December 30, 2010
Patricia L. Morgan, Clerk