| IN THE MATTER OF DESIREE DAWLEY, JAMES DAWLEY, LYNN BARBUTO, ROBERT BARBUTO, JAMES NEARPASS, ASTRID NEARPASS, TODD |
| Motion No: 836-15 |
| Slip Opinion No: 2015 NY Slip Op 86822(U) |
| Decided on October 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: CENTRA, J.P., CARNI, VALENTINO, AND DEJOSEPH, JJ.
MOTION NO. 836-15
DOCKET NO. CA 15-00089
| IN THE MATTER OF DESIREE DAWLEY, JAMES DAWLEY, LYNN BARBUTO,
ROBERT BARBUTO, JAMES NEARPASS, ASTRID NEARPASS, TODD WORDEN, LAURA WORDEN, JONATHAN MORELLI AND JANE MORELLI,
PETITIONERS-APPELLANTS, V WHITETAIL 414, LLC, WILMORITE, INC., TOWN OF TYRE TOWN BOARD, JAMES LEONARD AND JEANNE
LEONARD, RESPONDENTS-RESPONDENTS. |
Respondents having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered July 10, 2015,
Now, upon reading and filing the affirmation of Thomas R. Smith, Esq., dated August 11, 2015, the affirmation of John A. Mancuso, Esq., dated August 12, 2015, the notice of motion with proof of service thereof, and the affirmation of Charles W. Malcomb, Esq., dated August 21, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motions insofar as they seek reargument are denied, and
It is further ORDERED that the motions insofar as they seek 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 July 10, 2015, properly made?
Entered: October 2, 2015
Frances E. Cafarell, Clerk