| MOTION NO. 1484 ROBIN CUSTODI AND JOHN CUSTODI V TOWN OF AMHERST , PETER MUFFOLETTO AND SUSAN MUFFOLETTO |
| Motion No: CA 10-01081 |
| Slip Opinion No: 2011 NY Slip Op 72435(U) |
| Decided on April 29, 2011 |
| 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: SMITH, J.P., FAHEY, PERADOTTO, GREEN, AND MARTOCHE, JJ.
DOCKET NO. CA 10-01081
| MOTION NO. 1484 ROBIN CUSTODI AND JOHN CUSTODI,
PLAINTIFFS-APPELLANTS, V TOWN OF AMHERST, ET AL., DEFENDANTS, PETER MUFFOLETTO AND SUSAN MUFFOLETTO,
DEFENDANTS-RESPONDENTS. |
Respondents having moved for leave to appeal to the Court of Appeals from the order of this Court entered February 10, 2011,
Now, upon reading and filing the affirmation of Joel B. Schechter, Esq. dated March 14, 2011, the notice of motion with proof of service thereof, and the affirmation of Robert J. Maranto, Jr., Esq. dated March 18, 2011, 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 February 10, 2011, properly made?
Entered: April 29, 2011
Patricia L. Morgan, Clerk