CPS Operating Co. LLC v Pathmark Stores, Inc.

Motion No: M-3039

Slip Opinion No: 2010 NY Slip Op 77953(U)

Decided on July 27, 2010

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

July 27, 2010

CPS Operating Company LLC v Pathmark Stores, Inc.

Plaintiff-respondent having moved for leave to appeal to the Court of Appeals from the decision and order of this Court entered on June I, 2010 (Appeal No. 1643),

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. reversed the order of 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.

Before: Saxe, J.P., Friedman, Acosta, Renwick, Abdus-Salaam, JJ.

Motion No. M-3039