Appellate Division: Second Judicial Department

M305407

KS/

HECTOR D. LASALLE, P.J.

CHERYL E. CHAMBERS

JANICE A. TAYLOR

DONNA-MARIE E. GOLIA, JJ.

2024-11753 Oral Clarke, et al., plaintiffs-appellants, v Town of Newburgh, et al., respondents; Letitia James, etc., intervenor-appellant. (Index No. 2460/2024)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Orange County, dated November 7, 2024, which was determined by opinion and order of this Court dated January 30, 2025. Motion by the respondents for leave to appeal to the Court of Appeals from the opinion and order of this Court and, in effect, in the event leave to appeal is granted, to stay all proceedings in the above-entitled action, pending hearing and determination of any appeal to the Court of Appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to appeal to the Court of Appeals from the opinion and order of this Court is granted, and the following question is certified to the Court of Appeals: Was the opinion and order of this Court dated January 30, 2025, 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 branch of the motion which is, in effect, to stay all proceedings in the above-entitled action, pending hearing and determination of any appeal to the Court of Appeals is granted, and all proceedings in the above-entitled action are stayed, pending hearing and determination of the appeal to the Court of Appeals.

LASALLE, P.J., CHAMBERS, TAYLOR and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court