| Matter of Dial v Rhea |
| Motion No: 2012-01337 |
| Slip Opinion No: 2014 NY Slip Op 70575(U) |
| Decided on April 29, 2014 |
| 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. |
Appellate Division: Second Judicial Department
M173253
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2012-01337 In the Matter of Viola Dial, petitioner-resp v John Rhea, et al., appellants, 690 Gates respondent-respondent. (Index No. 11290/11)
| DECISION & ORDER ON MOTION ondent, LP, |
Motion by the appellants pursuant to CPLR 5602(a)(1)(i) for leave to appeal to the Court of Appeals pursuant to CPLR 5602(b)(1) from a decision and order of this Court dated November 13, 2013, which affirmed an order and judgment (one paper) of the Supreme Court, Kings County, dated November 14, 2011.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the following question is certified to the Court of Appeals: Was the decision and order of this Court dated November 13, 2013, properly made?
Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).
DILLON, J.P., BALKIN, AUSTIN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court