| People of State of New York v Carman |
| Motion No: 2018-10126 |
| Slip Opinion No: 2021 NY Slip Op 74655(U) |
| Decided on November 17, 2021 |
| 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
M280135
MB/
HECTOR D. LASALLE, P.J.
MARK C. DILLON
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.
|
2018-10126 People of State of New York, respondent, v Peter Carman, appellant.
| DECISION & ORDER ON MOTION |
Appeal from an order of the County Court, Suffolk County, dated July 26, 2018, which was determined by decision and order of this Court dated May 5, 2021. Motion by the appellant for leave to renew and reargue the appeal, 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 motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are for leave to renew and reargue the appeal are denied; and it is further,
ORDERED that the branch of the motion which is for leave to appeal to the Court of Appeals from the decision and order of this Court dated May 5, 2021, is granted, and the following question is certified to the Court of Appeals: Was the decision and order of this Court dated May 5, 2021, properly made?
Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).
LASALLE, P.J., DILLON, BARROS and CONNOLLY, JJ., concur.
ENTER:
Maria T. Fasulo
Acting Clerk of the Court