| DARLENE M. LOHNAS V FRANK A. LUZI, JR., M.D., AND NORTHTOWNS ORTHOPEDICS, P.C. (APPEAL NO. 2.) |
| Motion No: 281-16 |
| Slip Opinion No: 2016 NY Slip Op 88317(U) |
| Decided on September 30, 2016 |
| 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: WHALEN, P.J., CENTRA, CARNI, DEJOSEPH, AND TROUTMAN, JJ.
MOTION NO. 281-16
DOCKET NO. CA 15-00398
| DARLENE M. LOHNAS, PLAINTIFF-RESPONDENT, V FRANK A. LUZI, JR.,
M.D., AND NORTHTOWNS ORTHOPEDICS, P.C., DEFENDANTS-APPELLANTS. (APPEAL NO. 2.) |
Appellants having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered June 17, 2016,
Now, upon reading and filing the affidavit of Tamsin J. Hager, Esq., sworn to July 25, 2016, the notice of motion with proof of service thereof, and the affidavit of Brian P. Fitzgerald, Esq., sworn to August 4, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks reargument is denied, 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 June 17, 2016, properly made?
Entered: September 30, 2016
Frances E. Cafarell, Clerk