Opinion
Motion No: M-5230
01-10-2017
Cortlandt Street Recovery Corp., et al., Plaintiffs-Appellants, v. Hellas Telecommunications, S.À.r.l., et al., 653357/11 Defendants-Respondents, 653363/11 653181/11 Hellas Telecommunications Finances, etc., et al., Defendants. Cortlandt Street Recovery Corp., et al., Plaintiffs-Appellants, v. David Bonderman, et al., Defendants-Respondents, Hellas Telecommunications, II etc., et al. Defendants. [And Another Action] Cortlandt Street Recovery Corp., Plaintiff-Appellant, v. Hellas Telecommunications, II etc., et al. Defendants, Hellas Telecommunications, S.À.r.l., et al., Defendants-Respondents.
Certain defendants-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 September 15, 2016 (Appeal Nos. 989, 990, 991, 992), 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. So much 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 unanimously modified 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: January 10, 2017.
_____________________ CLERK
Present: Hon. Peter Tom, Justice Presiding, David Friedman Rosalyn H. Richter Angela M. Mazzarelli Marcy L. Kahn, Justices
M-5230
Index Nos. 651693/10