Opinion
Motion No. 2023-04131 Index No. 151607/16Case No. 2022-05374
10-31-2023
William Rivas, Plaintiff-Appellant, v. Seward Park Housing Corporation, et al., Defendants-Respondents, Seward Park Consumers Cooperative, Inc., Defendant.
Unpublished Opinion
MOTION DECISION
Present - Hon. Sallie Manzanet-Daniels, Justice Presiding, Anil C. Singh Peter H. Moulton Saliann Scarpulla John R. Higgitt, Justices.
Defendants-Respondents having moved for leave to appeal to the Court of Appeals from the decision and order of this Court, entered on August 24, 2023 (Appeal No. 322), 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 Supreme Court, as affirmed 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.