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. |
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