IN THE MATTER OF BOWERS DEVELOPMENT, LLC, AND PLUMBING & HEATING SUPPLY CO. V ONEIDA COUNTY INDUSTRIAL DEVELOPMENT
Motion No: 764-22
Slip Opinion No: 2023 NY Slip Op 64531(U)
Decided on March 17, 2023
Appellate Division, Fourth 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.


March 17, 2023

PRESENT: WHALEN, P.J., CURRAN, BANNISTER, AND MONTOUR, JJ.

MOTION NO. 764-22
OP 22-00744

IN THE MATTER OF BOWERS DEVELOPMENT, LLC, AND PLUMBING &

HEATING SUPPLY CO., PETITIONERS,

V

ONEIDA COUNTY INDUSTRIAL DEVELOPMENT AGENCY AND CENTRAL

UTICA BUILDING, LLC, RESPONDENTS.


Respondents Oneida County Industrial Development Agency and Central Utica Building, LLC., having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered December 23, 2022,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks for reargument is denied, and

It is further ORDERED that the motion insofar as it seeks leave to appeal to the Court of Appeals is granted, this Court being of the opinion that a question of law has arisen that ought to be reviewed by the Court of Appeals, and the following question is hereby certified: Was the order of this Court entered December 23, 2023, properly made?

Entered: March 17, 2023

Ann Dillon Flynn

Clerk of the Court