Anderson v Commack Fire District
Motion No: 2018-01021
Slip Opinion No: 2022 NY Slip Op 60003(U)
Decided on January 3, 2022
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M280802

E/sl

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

BETSY BARROS

PAUL WOOTEN, JJ.

2018-01021

Courtney Anderson, respondent, v Commack Fire

District, et al., appellants.

(Index No. 36752/2012)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated November 28, 2017, which was determined by decision and order of this Court dated June 16, 2021. Motion by the appellant Commack Fire District for leave to reargue the appeal or, in the alternative, for leave to appeal to 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 the appeal is denied; and it is further,

ORDERED that the branch of the motion which is for leave to appeal to the Court of Appeals from the decision and order of this Court dated June 16, 2021, is granted, and the following question is certified to the Court of Appeals: Was the decision and order of this Court dated June 16, 2021, properly made?

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

DILLON, J.P., AUSTIN, BARROS and WOOTEN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court