Weiner v. City of New York

Full title: Mark Weiner, respondent, v. City of New York, et al., appellants.

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

Date published: Sep 13, 2011

2011 N.Y. Slip Op. 83401 (N.Y. App. Div. 2011)

Opinion

Motion No: 2009-09634 Index No. 822/08M125681

09-13-2011

Mark Weiner, respondent, v. City of New York, et al., appellants.

A. GAIL PRUDENTI

, P.J.

MARK C. DILLON

RUTH C. BALKIN

CHERYL E. CHAMBERS, JJ.

DECISION & ORDER ON MOTION

Motion by Mark Weiner for leave to appeal to the Court of Appeals pursuant to CPLR 5602(a)(1)(i) from an opinion and order of this Court dated April 26, 2011, which reversed an order of the Supreme Court, Kings County, dated August 6, 2009.

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

ORDERED that the motion is granted, and the following question is certified to the Court of Appeals: Was the opinion and order of this Court dated April 26, 2011, properly made?

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

PRUDENTI, P.J., DILLON, BALKIN and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court