| ADAM VILLAR V TIMOTHY B. HOWARD, ERIE COUNTY SHERIFF |
| Motion No: 21-15 |
| Slip Opinion No: 2015 NY Slip Op 76603(U) |
| Decided on June 12, 2015 |
| 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., CENTRA, LINDLEY, SCONIERS, AND DEJOSEPH, JJ.
MOTION NO. 21-15
DOCKET NO. CA 13-00979
| ADAM VILLAR, PLAINTIFF-APPELLANT, V TIMOTHY B. HOWARD, ERIE
COUNTY SHERIFF, DEFENDANT-RESPONDENT. (APPEAL NO. 1.) |
Respondent having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered March 20, 2015,
Now, upon reading and filing the affidavit of Kenneth R. Kirby, Esq., sworn to April 24, 2015, the notice of motion with proof of service thereof, the opposing affidavit of Paul A. Woodard, Esq., sworn to May 1, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion for reargument is denied, and
It is further ORDERED that the motion for leave to appeal to the Court of Appeals is granted, and the following question is hereby certified: Was the order of this Court entered March 20, 2015 properly made?
Entered: June 12, 2015
Frances E. Cafarell, Clerk