| Nicke v Schwartzapfel Partners, P.C., also known as Schwartzapfel Lawy |
| Motion No: 2014-04387 |
| Slip Opinion No: 2017 NY Slip Op 82931(U) |
| Decided on August 15, 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
M236106
E/afa
MARK C. DILLON, J.P.
L. PRISCILLA HALL
JEFFREY A. COHEN
BETSY BARROS, JJ.
|
2014-04387 Theresa Nicke, et al., appellants, v Schwartzapfel Partners, P.C., also known as Schwartzapfel Lawyers, P.C., et al., respondents. (Index No. 9897/13)
| DECISION & ORDER ON MOTION |
Motions by the respondents Schwartzapfel Partners, P.C., also known as Schwartzapfel Lawyers, P.C., and Steven Schwartzapfel, and separate motion by the respondent Michael Shapiro for leave to reargue an appeal from an order of the Supreme Court, Nassau County, entered March 27, 2014, which was determined by decision and order of this Court dated March 29, 2017, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the branches of the motions which are for leave to reargue are denied; and it is further,
ORDERED that the branches of the motions which are for leave to appeal to the Court of Appeals are granted, and the following question is certified to the Court of Appeals: Was the decision and order of this Court dated March 29, 2017, properly made?
Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).
DILLON, J.P., HALL, COHEN and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court