York v. York

Full title: Esther York, appellant, v. Joseph York, respondent.

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

Date published: May 6, 2013

2013 N.Y. Slip Op. 72868 (N.Y. App. Div. 2013)

Opinion

2011-00564 Index No. 11853/98 M151025

05-06-2013

Esther York, appellant, v. Joseph York, respondent.

REINALDO E. RIVERA

, 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