PRESENT: FAHEY, J.P., PERADOTTO, LINDLEY, SCONIERS, AND WHALEN, JJ.

MOTION NO. 1109-13
DOCKET NO. CA 13-00340
MOTION NO. 1110-13
DOCKET NO. CA 13-00341

BROWN & BROWN, INC. AND BROWN & BROWN OF NEW YORK, INC., PLAINTIFFS-RESPONDENTS-APPELLANTS, V THERESA A. JOHNSON AND LAWLEY BENEFITS GROUP, LLC, DEFENDANTS-APPELLANTS-RESPONDENTS. (APPEAL NO. 1.) BROWN & BROWN, INC. AND BROWN & BROWN OF NEW YORK, INC., PLAINTIFFS-RESPONDENTS, V THERESA A. JOHNSON AND LAWLEY BENEFITS GROUP, LLC, DEFENDANTS-APPELLANTS. (APPEAL NO. 2.)

Plaintiffs having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the orders of this Court entered February 7, 2014, and defendants having cross-moved for leave to appeal to the Court of Appeals from said orders,

Now, upon reading and filing the affirmation of Tony R. Sears, Esq., dated March 20, 2014, the affidavit of Preston L. Zarlock, Esq., sworn to March 27, 2014, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that plaintiffs' motion insofar as it seeks reargument is denied, and

It is further ORDERED that plaintiffs' 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: Were the orders of this Court entered February 7, 2014, properly made?; and

It is further ORDERED that defendants' cross motion is denied.

Entered: May 2, 2014

Frances E. Cafarell, Clerk