| CHRISTOPHER HAMILTON V JOHN MILLER, DAVID MILLER, JULES MUSINGER, DOUG MUSINGER, AND SINGER ASSOCIATES |
| Motion No: 355-13 |
| Slip Opinion No: 2013 NY Slip Op 79248(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: SMITH, J.P., PERADOTTO, LINDLEY, VALENTINO, AND WHALEN, JJ.
MOTION NO. 355-13
DOCKET NO. CA 12-01574
| CHRISTOPHER HAMILTON, PLAINTIFF-APPELLANT, V JOHN
MILLER, DAVID MILLER, JULES MUSINGER, DOUG MUSINGER, AND SINGER ASSOCIATES,
DEFENDANTS-RESPONDENTS. |
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 May 3, 2013,
Now, upon reading and filing the affirmation of Mo Athari, Esq., dated May 28, 2013, the notice of motion with proof of service thereof, the affidavit of Stanley J. Sliwa, Esq., sworn to June 12, 2013, and the affirmation of Thomas E. Reidy, Esq., dated June 14, 2013,1 and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks reargment 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 May 3, 2013, properly made?
Entered: June 28, 2013
Frances E. Cafarell, Clerk