| Weiner v City of New York |
| Motion No: 2009-09634 |
| Slip Opinion No: 2011 NY Slip Op 83401(U) |
| Decided on September 13, 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. |
Appellate Division: Second Judicial Department
M125681
E/sl
A. GAIL PRUDENTI, P.J.
MARK C. DILLON
RUTH C. BALKIN
CHERYL E. CHAMBERS, JJ.
|
2009-09634 Mark Weiner, respondent, v City of New York, et al., appellants. (Index No. 822/08)
| DECISION & ORDER ON MOTION |
Motion by Mark Weiner for leave to appeal to the Court of Appeals pursuant to CPLR 5602(a)(1)(i) from an opinion and order of this Court dated April 26, 2011, which reversed an order of the Supreme Court, Kings County, dated August 6, 2009.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the following question is certified to the Court of Appeals: Was the opinion and order of this Court dated April 26, 2011, properly made?
Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).
PRUDENTI, P.J., DILLON, BALKIN and CHAMBERS, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court