Opinion
No. 2018-01021 Index No. 36752/2012
01-03-2022
Courtney Anderson, respondent, v. Commack Fire District, et al., appellants.
M280802 E/sl
MARK C. DILLON, J.P. LEONARD B. AUSTIN BETSY BARROS PAUL WOOTEN, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Suffolk County, dated November 28, 2017, which was determined by decision and order of this Court dated June 16, 2021. Motion by the appellant Commack Fire District for leave to reargue the appeal or, in the alternative, for leave to appeal to 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 branch of the motion which is for leave to reargue the appeal is 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 June 16, 2021, is granted, and the following question is certified to the Court of Appeals: Was the decision and order of this Court dated June 16, 2021, 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., AUSTIN, BARROS and WOOTEN, JJ., concur.