Opinion
Motion No. 2023-04294 Index No. 33964/20ECase No. 2022-05749
12-12-2023
Unpublished Opinion
MOTION DECISION
Present - Hon. Dianne T. Renwick, Presiding Justice, Tanya R. Kennedy Manuel J. Mendez Julio Rodriguez III John R. Higgitt, Justices.
Plaintiff-appellant having moved for leave to appeal to the Court of Appeals from the decision and order of this Court, entered on September 21, 2023 (Appeal No. 486), 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 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 affirmed the order of the Supreme Court, Bronx County, properly made?
This Court further certifies that its determination was made as a matter of law and not in the exercise of discretion.