Corsello v Verizon New York, Inc., formerly known as Ne
Motion No: 2009-11653
Slip Opinion No: 2011 NY Slip Op 62039(U)
Decided on January 21, 2011
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M114376

E/sl

MARK C. DILLON, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

SANDRA L. SGROI, JJ.

2009-11653

William Corsello, et al., appellants, v Verizon

New York, Inc., formerly known as New York

Telephone Company, et al., respondents.

(Index No. 39610/07)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to appeal to the Court of Appeals pursuant to CPLR 5602(b)(1) from an decision and order of this Court dated September 14, 2010, which affirmed insofar as reviewed an order of the Supreme Court, Kings County, dated November 5, 2009. Separate motion by the appellants for leave to reargue the appeal.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motion for leave to reargue the appeal is denied; and it is further,

ORDERED that the motion for leave to appeal to the Court of Appeals is granted, and the following question is certified to the Court of Appeals: Was the decision and order of this Court dated September 14, 2010, properly made?

DILLON, J.P., COVELLO, ANGIOLILLO and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court