Majority
p. 917Leonard J. Gregorio, Public Administrator of Westchester County, as Administrator of the Estate of Pawel A. Fruba, Deceased, Plaintiff, v City of New York et al., Defendants. Stanislaw Starczewski, Individually and as Administrator of the Estate of Iwona Starczewski, Deceased, Appellant, v City of New York, Respondent. Public Administrator of the County of Westchester, as Administrator of the Estate of Jolanta E. Glowacz, Deceased, Appellant, v City of New York, Respondent. (And Another Action.) Submitted April 19, 1999; decided May 13, 1999
Motion to dismiss appeal granted and appeal dismissed, with $400 costs and $100 costs of motion, upon the ground that the State Constitution (art VI, § 3 [b] [3], [4]) and the Civil Practice Law and Rules (CPLR 5601 [c]; 5602 [b] [1]) do not authorize a grant of leave to defendant on a certified question in these circumstances (see, Maynard v Greenberg, 82 NY2d 913 ).
Cases cited
- Maynard v. Greenberg 82 NY2d 913 p. 917