Opinion
Motion No: M-820
05-02-2017
In re The Friends of P.S. 163, Inc., et al., Petitioners-Respondents, v. 100641/15 Jewish Home Lifecare, Manhattan, Respondent-Appellant, New York State Department of Health, et al., Respondents. In re Matter of Daisy Wright, et al., Petitioners-Respondents, v. New York State Department of Health, et al., Respondents, Jewish Home Lifecare, Manhattan, Respondent-Appellant.
The Real Estate Board of New York, Inc., City of New York, Caringkind, JCC Manhattan, Services and Advocacy for GLBT Elders and West Side Federation for Senior and Supportive Housing, Amici Curiae.
Petitioners-respondents, The Friends of P.S. 163, Inc., et al., having moved for leave to appeal to the Court of Appeals from the decision and order of this Court, entered on January 19, 2017 (Appeal No. 1444-1445) [M-820], And, petitioners-respondents, Daisy Wright, et al., having moved for identical relief (M-802), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,It is ordered that the motions are 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 the Supreme Court, as reversed by this 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: May 2, 2017
_____________________ CLERK
Present: Hon. David Friedman, Justice Presiding, John W. Sweeny, Jr. Troy K. Webber Ellen Gesmer, Justices
M-820
M-802
Index Nos. 100546/15