Appellate Division: Second Judicial Department

M130222

E/sl

WILLIAM F. MASTRO, A.P.J.

PETER B. SKELOS

RUTH C. BALKIN

LEONARD B. AUSTIN, JJ.

2009-08856 Kristin Kahkonen Dupree, respondent-appellant, v James E. Giugliano, appellant-respondent. (Index No. 19557-04)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent for leave to reargue an appeal and cross appeal from a judgment of the Supreme Court, Suffolk County, entered August 18, 2009, which was determined by decision and order of this Court dated September 13, 2011, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court. Cross motion by the respondent-appellant for leave to appeal to the Court of Appeals pursuant to CPLR 5602(a)(1)(ii) from the decision and order of this Court dated September 13, 2011.

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

ORDERED that the branch of the motion which is for leave to reargue is denied; and it is further,

ORDERED that the branch of the motion, and the cross motion, which are for leave to appeal to the Court of Appeals are granted, and the following question is certified to the Court of Appeals: Was the decision and order of this Court dated September 13, 2011, properly made?

Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).

MASTRO, A.P.J., SKELOS, BALKIN and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court