Opinion
Motion No: #510643
09-27-2011
RICHARD M. METZ, as Personal Representative of the Estate of MARY HELEN METZ, Deceased, et al., Respondents- Appellants, v. STATE OF NEW YORK, Appellant- Respondent. (And Six Other Related Claims.)
DECISION AND ORDER ON MOTION
Motion for permission to 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 motion is granted, without costs. No issue of fact was considered by this Court. Pursuant to CPLR 5713, this Court certifies that the following question of law, decisive of the correctness of its determination, has arisen, which in its opinion ought to be reviewed by the Court of Appeals: "Did this Court err, as a matter of law, in modifying, on the law, the order of Supreme Court, by reversing so much thereof as denied claimants' motion to dismiss defendant's affirmative defense of sovereign immunity; granting said motion and dismissing the affirmative defense; and, as so modified, affirming the order?"
ROSE, J.P., MALONE JR., STEIN, McCARTHY and EGAN JR., JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court