Opinion
Motion No: 2010-06556 Index No. 7729-08M134922
03-19-2012
Gregory C. Miglino, respondent, v. Bally Total Fitness of Greater New York, Inc., et al., appellants.
, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
DECISION & ORDER ON MOTION
Motion by the appellants for leave to appeal to the Court of Appeals pursuant to CPLR 5602(b)(1) from an opinion and order of this Court dated December 27, 2011, which modified an order of the Supreme Court, Suffolk County, dated June 9, 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 to the extent that Bally Total Fitness of Greater New York, Inc., is granted leave to appeal to the Court of Appeals from the opinion and order of this Court dated December 27, 2011, and the following question is certified to the Court of Appeals: Was the opinion and order of this Court dated December 27, 2011, properly made with respect to the cause of action asserted against Bally Total Fitness of Greater New York, Inc.; and it is further,
ORDERED that the motion is otherwise denied.
Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).
SKELOS, J.P., LEVENTHAL, AUSTIN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court