Order Michigan Supreme Court Lansing, Michigan

September 19, 2012 Robert P. Young, Jr., Chief Justice

144687 Michael F. Cavanagh Marilyn Kelly Stephen J. Markman Diane M. Hathaway Mary Beth Kelly DANIEL VINCE CONSTANTINO, Brian K. Zahra, Plaintiff-Appellant, Justices

v SC: 144687 COA: 300961 Kent CC: 10-005407-NI CITIZENS INSURANCE COMPANY OF AMERICA, Defendant-Appellee.

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On order of the Court, the application for leave to appeal the January 12, 2012 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions 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. September 19, 2012 _________________________________________ h0912 Clerk