Simon v Usher

Motion No: M-2728

Slip Opinion No: 2010 NY Slip Op 92286(U)

Decided on November 18, 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.

November 18, 2010

Simon v Usher

Defendants-respondents Sol M. Usher, Sol M. Usher, M.D., P.C., F.A.C.S., Maxwell M. Chait, Hartsdale Medical Group, P.C. and White Plains Hospital Center having moved for leave to appeal to the Court of Appeal from the decision and order of this Court entered on May 4, 2010 (Appeal No. 2700),

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 Appeal:

"Was the order of this Court, which reversed the order of the 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: Gonzalez, P.J., Tom, Renwick, DeGrasse, Abdus-Salaam, JJ.

Motion No. M-2728