Opinion
Motion No: M-4876
12-04-2018
In re Regina Metropolitan Co., LLC, Petitioner-Appellant, v. New York State Division of Housingand Community Renewal, Respondent-Respondent, Leslie E. Carr, Intervenor-Respondent. Community Housing Improvement Program, Inc., Amicus Curiae. In re Leslie E. Carr, Petitioner-Appellant, v. Index No. 101236/15 New York State Division of Housing and Community Renewal, Respondent-Respondent, Regina Metropolitan Co., LLC, Intervenor-Respondent.
Respondent-respondent New York State Division of Housing and Community Renewal having moved for leave to appeal to the Court of Appeals from the decision and order of this Court, entered on August 16, 2018 (Appeal No. 5026),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 modified the order and judgment (one paper) of theSupreme 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 4, 2018
_____________________ CLERK
Present - Hon. David Friedman,Justice Presiding, Judith J. Gische Barbara R. Kapnick Marcy L. Kahn Peter H. Moulton,Justices
M-4876
Index No. 101235/15