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BRYANT v. STATE

7 N.Y.3d 732 (2006)

850 N.E.2d 1161

818 N.Y.S.2d 186

WILLIAM BRYANT, Respondent, v. STATE OF NEW YORK, Appellant.

Court of Appeals of New York.

Decided June 8, 2006.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, Albany (Michael S. Buskus, Caitlin J. Halligan, Daniel Smirlock and Peter H. Schiff of counsel), for appellant.

Bergstein & Ullrich, LLP, Chester (Christopher D. Watkins and Stephen Bergstein of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

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 5601 [c]; 5602 [b] [1]; Maynard v Greenberg, 82 N.Y.2d 913, 914 [1994]). The apportionment of fault is a component...

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