| COUNTY OF ERIE V M/A-COM, INC. , AND KEVIN J. COMERFORD (APPEAL NO.1.) |
| Motion No: 1184-12 |
| Slip Opinion No: 2013 NY Slip Op 78296(U) |
| Decided on June 7, 2013 |
| 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. |
PRESENT: SCUDDER, P.J., CARNI, SCONIERS, VALENTINO, AND WHALEN, JJ.
MOTION NO. 1184-12
DOCKET NO. CA 12-00075
| COUNTY OF ERIE, PLAINTIFF-RESPONDENT, V M/A-COM,
INC., ET AL., DEFENDANTS, AND KEVIN J. COMERFORD, DEFENDANT-APPELLANT. (APPEAL NO.1.) |
Appellant having moved for leave to appeal to the Court of Appeals from the order of this Court entered March 15, 2013, and having moved to correct an attorney affidavit and to join this appeal with another appeal of this Court (docket No. CA 12-00076),
Now, upon reading and filing the affidavits of Ann M. Campbell, Esq., received May 6, 2013, and sworn to May 13, 2013, the notices of motion with proof of service thereof, and the affidavit of Katherine M. Liebner, Esq., sworn to May 16, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to correct an omission in an attorney affidavit of Ann M. Campbell, Esq., filed regarding this motion is granted, and
It is further ORDERED that the motion insofar as it seeks to join this appeal with another appeal (docket No. CA 12-00076) 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 March 15, 2013, properly made?
Entered: June 7, 2013
Frances E. Cafarell, Clerk