| MOTION NO. 404 JOHN F. SMITH AND LISA SMITH V MARIJANE REILLY |
| Motion No: CA 10-02274 |
| Slip Opinion No: 2011 NY Slip Op 78228(U) |
| Decided on July 1, 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: SCUDDER, P.J., SMITH, PERADOTTO, LINDLEY, AND GREEN, JJ.
DOCKET NO. CA 10-02274
| MOTION NO. 404 JOHN F. SMITH AND LISA SMITH,
PLAINTIFFS-RESPONDENTS, V MARIJANE REILLY, DEFENDANT-APPELLANT. |
Appellant having moved for leave to appeal to the Court of Appeals from the order of this Court entered April 29, 2011,
Now, upon reading and filing the affidavit of Adam P. Mastroleo, Esq. sworn to June 6, 2011, the notice of motion with proof of service thereof, and the affidavit of Stephanie A. Palmer, Esq. sworn to June 15, 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 April 29, 2011, properly made?
Entered: July 1, 2011
Patricia L. Morgan, Clerk