Opinion
Motion No: M-5047
12-13-2016
Defendant-appellant having renewed its motion for leave to appeal to the Court of Appeals from the decision and order of this Court entered on May 12, 2016 (Appeal No. 585), Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that upon renewal the motion is granted, and upon renewal 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.
ENTERED: December 13, 2016
_______________________ CLERK
PRESENT - Hon. Peter Tom, Justice Presiding, David Friedman David B. Saxe Rosalyn H. Richter, Justices
M-5047
Index No. 155613/14