Vela v Tower Insurance Company of New York
Motion No: 2010-00503
Slip Opinion No: 2011 NY Slip Op 85357(U)
Decided on September 29, 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

M126706

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2010-00503

Ofelia Vela, respondent, v Tower Insurance

Company of New York, appellant.

(Index No. 10193-07)

DECISION & ORDER ON MOTION

Motion by Ofelia Vela for leave to appeal to the Court of Appeals pursuant to CPLR 5602(a)(1) from a decision and order of this Court dated April 26, 2011, which reversed an order of the Supreme Court, Suffolk County, entered December 14, 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 decision 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).

SKELOS, J.P., BALKIN, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court