N.Y. Hosp. Med. Ctr. of Queens v. MicroTech Contracting Corp.

Full title: New York Hospital Medical Center of Queens, appellant, v. Microtech…

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

Date published: Mar 13, 2013

2013 N.Y. Slip Op. 67218 (N.Y. App. Div. 2013)

Opinion

Motion No: 2011-08990 Index No. 35567/10M152871

03-13-2013

New York Hospital Medical Center of Queens, appellant, v. Microtech Contracting Corp., respondent.

PETER B. SKELOS

, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, entered August 19, 2011, which was determined by decision and order of this Court dated September 26, 2012, or, in the alternative, for leave to appeal to the 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 is denied; and it is further,

ORDERED that the branch of the motion which is for leave to appeal to the Court of Appeals is granted, and the following question is certified to the Court of Appeals: Was the decision and order of this Court dated September 26, 2012, 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., BALKIN, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court