Order Michigan Supreme Court Lansing, Michigan October 4, 2012 Robert P. Young, Jr., Chief Justice 144916 Michael F. Cavanagh Marilyn Kelly Stephen J. Markman Diane M. Hathaway Mary Beth Kelly JOHN M. DUFFIELD, JR., Brian K. Zahra, Plaintiff-Appellant, Justices v SC: 144916 COA: 305778 WCAC: 10-000035 SUBURBAN MOBILITY AUTHORITY FOR REGIONAL TRANSPORTATION, Defendant-Appellee.

_________________________________________/ On order of the Court, the application for leave to appeal the February 29, 2012 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the question presented should be reviewed by this Court.

MARILYN KELLY and HATHAWAY, JJ., would grant leave to appeal.

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

October 4, 2012 _________________________________________ t0927 Clerk