Opinion
Motion No: M-3201
07-25-2017
Ambac Assurance Corporation, et al., Plaintiffs-Appellants-Respondents, v. SEALED Countrywide Home Loans, Inc., et al., Defendants-Respondents-Appellants, Bank of America Corp., Defendant. The Association of Finaicial Guaranty Insurers and the Securities Industry and Financial Markets Association, Amici Curiae.
Plaintiffs-appellants-respondents having moved for reargument of or, in the alternative, for leave to appeal to the Court of Appeals, from the decision and order of this Court entered on May 16, 2017 (Appeal Nos. 3145 and 3145A), Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion, to the extent it seeks reargument, is denied as academic. That branch of the motion which seeks leave to appeal to the Court of Appeals is granted, and this Court, pursuant to CPLR 5713, certifies that the following question of law, decisive of the correctness of its determination, has arisen, which in its opinion ought to be reviewed by the Court of Appeals: "Was the order of this Court, which modified,on the law, to the extent indicated therein, and otherwise affirmed the order of Supreme Court,properly made?" This Court further certifies that its determination was made as a matter of law and not in the exercise of discretion.
ENTERED: July 25, 2017
_____________________ CLERK
Present - Hon. Rosalyn H. Richter,Justice Presiding, Sallie Manzanet-Daniels Judith J. Gische Troy K. Webber Marcy L. Kahn,Justices
M-3201
Index No. 651612/10