Opinion
Motion No: M-7802
12-12-2019
Home Equity Mortgage Trust Series 2006-1, et al., Plaintiffs-Respondents, v. DLJ Mortgage Capital, Inc., Defendant-Appellant, Select Portfolio Servicing, Inc., Defendant. Home Equity Mortgage Trust Series 2006-5, etc., Plaintiff-Respondent, v. Index No. 653787/12 DLJ Mortgage Capital, Inc., Defendant-Appellant, Select Portfolio Servicing, Inc., Defendant.
Defendant-appellant 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 17, 2019 (Appeal Nos. 9865-9866), 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. It is further ordered that 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 affirmed the orders of the 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: December 12, 2019
__________ DEPUTY CLERK
Present - Hon. David Friedman,Justice Presiding, Rosalyn H. Richter Peter Tom Jeffrey K. Oing Peter H. Moulton,Justices
M-7802
Index No. 156016/12