Opinion
02-14-2017
Eric T. Schneiderman, Attorney General, Albany (Julie M. Sheridan, Barbara D. Underwood and Andrew D. Bing of counsel), for appellants. Lippes Mathias Wexler Friedman LLP, Albany (Thomas D. Latin of counsel), for respondents.
Eric T. Schneiderman, Attorney General, Albany (Julie M. Sheridan, Barbara D. Underwood and Andrew D. Bing of counsel), for appellants.
Lippes Mathias Wexler Friedman LLP, Albany (Thomas D. Latin of counsel), for respondents.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11 ), order reversed, without costs, for the reasons stated in the dissenting memorandum of Justice Robert Rose (139 A.D.3d 1322, 1325, 33 N.Y.S.3d 484 ), and matter remitted to the Appellate Division, Third Department, for consideration of issues raised but not determined on the appeal to that court.Chief Judge DiFIORE and Judges RIVERA, ABDUS–SALAAM, STEIN, FAHEY and GARCIA concur.
Judge WILSON took no part.