Commissioner of the New York State Department of Transportation
2026 NY Slip Op 71072(U)
June 24, 2026
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This motion is uncorrected and is not subject to publication in the Official Reports.
Commissioner of the New York State Department of Transportation, et al., respondents-appellants,
v
Bryan A. Polite, et al., appellants-respondents, Larry Clark, et al., respondents, et al., defendant.
Supreme Court of the State of New York, Appellate Division : Second Judicial Department
June 24, 2026
2020-05137, 610010/19
Francesca E. Connolly, J.P.
Deborah A. Dowling
Barry E. Warhit
Phillip Hom, JJ.
[*1]DECISION & ORDER ON MOTION
Appeal and cross-appeal from an order of the Supreme Court, Suffolk County, dated May 18, 2020, which was determined by opinion and order of this Court dated December 4, 2024. Motion by the respondents, inter alia, for leave to reargue the appeal and cross-appeal or, in the alternative, for leave to appeal to the Court of Appeals from the opinion and order of this Court. Motion by the appellants-respondents, inter alia, in effect, to stay all proceedings in the above-entitled action, pending hearing and determination of the motion by the respondents, inter alia, for leave to reargue the appeal and cross-appeal. Motion by the respondents, inter alia, to stay enforcement of the opinion and order of this Court, pending hearing and determination of the motion by the respondents, inter alia, for leave to reargue the appeal and cross-appeal. Motion by the appellants-respondents, inter alia, for leave to reargue the appeal and cross-appeal or, in the alternative, for leave to appeal to the Court of Appeals from the opinion and order of this Court. Motion by the respondents, inter alia, in effect, to take judicial notice of certain material, for leave to reargue the appeal and cross-appeal or, in the alternative, for leave to appeal to the Court of Appeals from the opinion 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 appeal to the Court of Appeals from the opinion and order of this Court dated December 4, 2024, are granted, and the following question is certified to the Court of Appeals: Was the opinion and order of this Court dated December 4, 2024, properly made?
Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713); and it is further,
ORDERED that the motions are otherwise denied.
CONNOLLY, J.P., DOWLING, WARHIT and HOM JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court