| SHAWN GILES, ALSO KNOWN AS SHAWN ANTHONY COFFEE V A. GI YI, GERALD BREEN, - . |
| Motion No: 59-13 |
| Slip Opinion No: 2013 NY Slip Op 79247(U) |
| Decided on June 28, 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., PERADOTTO, CARNI, WHALEN, AND MARTOCHE, JJ.
MOTION NO. 59-13
DOCKET NO. CA 12-01288
| SHAWN GILES, ALSO KNOWN AS SHAWN ANTHONY COFFEE,
PLAINTIFF-APPELLANT, V A. GI YI, GERALD BREEN, DEFENDANTS-RESPONDENTS, ET AL.,
DEFENDANTS. |
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 April 26, 2013,
Now, upon reading and filing the affirmation of Mo Athari, Esq., dated May 14, 2013, the notice of motion with proof of service thereof, and the affirmation of Gary H. Abelson, Esq., dated May 30, 2013, 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 April 26, 2013, properly made?
Entered: June 28, 2013
Frances E. Cafarell, Clerk