Roman Catholic Diocese of Brooklyn v National Union Fir
Motion No: 2010-03862
Slip Opinion No: 2012 NY Slip Op 64632(U)
Decided on February 16, 2012
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

M133412

E/sl

WILLIAM F. MASTRO, A.P.J.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

SHERI S. ROMAN, JJ.

2010-03862

Roman Catholic Diocese of Brooklyn, et al., respondents,

v National Union Fire Insurance Company of Pittsburgh,

Pa., etc., appellant, et al., defendant.

(Index No. 1873/09)

DECISION & ORDER ON MOTION

Motion by the respondents for leave to appeal to the Court of Appeals pursuant to CPLR 5602(b)(1) from a decision and order of this Court dated September 20, 2011, which reversed insofar as appealed from an order of the Supreme Court, Kings County, dated March 12, 2010.

Upon the papers filed in support of the motion and the papers filed in opposition 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 September 20, 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., DICKERSON, CHAMBERS and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court