Mallory v. Allstate Ins. Co.

Full title: Maxine Mallory, as executor of the estate of Matthew Mallory, appellant…

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Mar 2, 2012

2012 N.Y. Slip Op. 66150 (N.Y. App. Div. 2012)

Opinion

Motion No: 2011-00367 Index No. 18410-10M134144

03-02-2012

Maxine Mallory, as executor of the estate of Matthew Mallory, appellant, v. Allstate Insurance Company, respondent.

PETER B. SKELOS

, J.P.

L. PRISCILLA HALL

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to the Court of Appeals pursuant to CPLR 5602(b)(1) from a decision and order of this Court dated December 6, 2011, which affirmed an order of the Supreme Court, Suffolk County, dated December 13, 2010.

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

ORDERED that the motion is granted, and the following question is certified to the Court of Appeals: Was the decision and order of this Court dated December 6, 2011, properly made?

Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).

SKELOS, J.P., HALL, LOTT and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court