Jacobsen v New York City Health & Hosps. Corp.

Motion No: M-3621

Slip Opinion No: 2012 NY Slip Op 85962(U)

Decided on October 2, 2012

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.

October 2, 2012

Jacobsen v New York City Health and Hospitals Corporation

Plaintiff-appellant having moved for reargument of, or for leave to appeal to the Court of Appeals from, the decision and order of this Court entered on July 10, 2012 (Appeal No. 6563),

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, insofar as it seeks reargument, is denied.

It is further ordered that the motion, to the extent it seek leave to appeal to the Court of Appeals, 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 affirmed 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: Tom, J.P., Catterson, DeGrasse, Richter, Manzanet-Daniels, JJ.

Motion No. M-3621