Opinion
2011-00564 Index No. 11853/98 M151025
05-06-2013
Esther York, appellant, v. Joseph York, respondent.
, J.P.
THOMAS A. DICKERSON
CHERYL E. CHAMBERS
LEONARD B. AUSTIN, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated December 3, 2010, which was determined by decision and order of this Court dated September 19, 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 19, 2012, properly made?
Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).
RIVERA, J.P., DICKERSON, CHAMBERS and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court