| Clement v Durban |
| Motion No: 2014-01789 |
| Slip Opinion No: 2017 NY Slip Op 73199(U) |
| Decided on May 9, 2017 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M230758
E/ct
RUTH C. BALKIN, J.P.
SANDRA L. SGROI
JOSEPH J. MALTESE
FRANCESCA E. CONNOLLY, JJ.
|
2014-01789 Charmaine Clemente, appellant, v Thomas Durban, et al., respondents. (Index No. 8029/11)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to the Court of Appeals pursuant to CPLR 5602(b)(1) from an opinion and order of this Court dated December 21, 2016, which affirmed an order of the Supreme Court, Kings County, dated September 9, 2013.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the following question is certified to the Court of Appeals: Was the opinion and order of this Court dated December 21, 2016, properly made?
Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).
BALKIN, J.P., SGROI, MALTESE and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court