MICHELLE GALETTA V GARY GALETTA
Motion No: 618-12
Slip Opinion No: 2012 NY Slip Op 86946(U)
Decided on September 28, 2012
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.


September 28, 2012

PRESENT: SCUDDER, P.J., CENTRA, CARNI, SCONIERS, AND MARTOCHE, JJ.

MOTION NO. 618-12
DOCKET NO. CA 11-02559

MICHELLE GALETTA, PLAINTIFF-APPELLANT,

V

GARY GALETTA, DEFENDANT-RESPONDENT.


Appellant having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered June 15, 2012,

Now, upon reading and filing the affirmation of Francis C. Affronti, Esq., dated July 18, 2012, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks reargument is denied, and

It is further ORDERED that the motion insofar as its seeks leave to appeal to the Court of Appeals 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 June 15, 2012, properly made?

Entered: September 28, 2012

Frances E. Cafarell, Clerk