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

MOTION NO. 19-13
DOCKET NO. CA 12-00861

RHONDA WILLIAMS, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF ALEXANDRA WILLIAMS, AN INFANT, PLAINTIFF-RESPONDENT, V SHARON T. WEATHERSTONE, DEFENDANT, AND JORDAN-ELBRIDGE CENTRAL SCHOOL DISTRICT, DEFENDANT-APPELLANT.

Appellant Jordan-Elbridge Central School District having moved for reargument, clarification, or re-settlement of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered March 22, 2013, and having moved to stay a trial,

Now, upon reading and filing the affirmation of Christine Gasser, Esq., dated April 5, 2013, the notice of motion with proof of service thereof, the affidavit of David M. Capriotti, Esq., sworn to April 11, 2013, the affirmation of A. Vincent Buzard, Esq., received April 12, 2013, and the statement of Christine Gasser, Esq., dated May 13, 2013, withdrawing the motion insofar as it seeks a stay, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks reargument, clarification or re-settlement is denied, and

It is further ORDERED that the motion insofar as it seeks a stay is dismissed, 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 22, 2013, properly made?

Entered: June 7, 2013

Frances E. Cafarell, Clerk