Opinion
Argued January 7, 1985
Decided February 7, 1985
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Lester Evens, J.
Kenneth G. Schwarz and Stuart F. Gruskin for appellants.
Nathaniel T. Helman and William H. Morris for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs.
The only issue presented by the question certified was whether the Appellate Division had the power to grant the relief given to petitioner by that court. The Appellate Division had the power. We pass on no other issue. Question certified answered in the affirmative ( see, Brady v Ottaway Newspapers, 63 N.Y.2d 1031; Serenity Homes v Town Bd., 37 N.Y.2d 841).
Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur.
Order affirmed, with costs, and question certified answered in the affirmative in a memorandum.