Matter of O'Neill v Pfau
Motion No: 2011-02235
Slip Opinion No: 2013 NY Slip Op 79493(U)
Decided on July 12, 2013
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M159241

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2011-02235

In the Matter of Thomas P. O'Neill, etc, et al.,

respondents, v Ann Pfau, etc., appellant.

(Index No. 15871/05)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this Court dated December 5, 2012, which determined an appeal from a judgment of the Supreme Court, Suffolk County, dated January 7, 2011. Cross motion by the respondents for leave to appeal to the Court of Appeals.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motion and the cross motion are granted, and the following question is certified to the Court of Appeals: Was the decision and order of this Court dated December 5, 2012, properly made?

Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).

RIVERA, J.P., DICKERSON, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court