Bryant v State of New York

2006 NY Slip Op 04458

Decided on June 8, 2006

Court of Appeals

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 8, 2006
No. 134 SSM 11






Submitted by Michael S. Buskus, for appellant.
Submitted by Christopher D. Watkins, for respondent.


MEMORANDUM:

Defendant's appeal should be dismissed, without costs, upon the ground that the Appellate Division did not have the power to grant leave to appeal to the Court of Appeals on a certified question in these circumstances (see NY Const Art VI, § 3 [b] [3], [4]; CPLR 5602 [c]; CPLR 5602 [b] [1]; Maynard v Greenberg, 82 NY2d 913, 914 [1994]). The apportionment of fault is a component of the liability determination, which was the subject of the initial trial.
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On review of submissions pursuant to section 500.11 of the Rules, appeal dismissed, without costs, in a memorandum. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
Decided June 8, 2006