| AINSWORTH M. BENNETT, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF VIRGINIA R. BENNETT, DECEASED V ST. JOHN'S HOME AND |
| Motion No: 200.2-15 |
| Slip Opinion No: 2015 NY Slip Op 78530(U) |
| Decided on July 2, 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: PERADOTTO, J.P., CARNI, SCONIERS, WHALEN, AND DEJOSEPH, JJ.
MOTION NO. 200.2-15
DOCKET NO. CA 14-01356
| AINSWORTH M. BENNETT, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF
VIRGINIA R. BENNETT, DECEASED, PLAINTIFF-APPELLANT, V ST. JOHN'S HOME AND ST. JOHN'S HEALTH CARE CORPORATION,
DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.) |
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 8, 2015,
Now, upon reading and filing the affirmation of David E. Woodin, Esq., dated May 27, 2015, the notice of motion with proof of service thereof, and the affirmation of David H. Fitch, Esq., dated June 12, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied insofar as it seeks reargument, 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 8, 2015, properly made?
Entered: July 2, 2015
Frances E. Cafarell, Clerk