Appellate Division: Second Judicial Department

M171598

E/sl

REINALDO E. RIVERA, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2012-08092 In the Matter of Tayinha Banos, petitioner- respondent, v John Rhea, etc., et al., appellants, et al., respondent. (Index No. 4576/12)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, pursuant to CPLR 5602 (b)(1) for leave to appeal to the Court of Appeals from a decision and order of this Court dated November 13, 2013, which determined an appeal, by permission, from an order of the Supreme Court, Kings County, dated July 9, 2012, and to stay all proceedings in the above-entitled matter pending hearing and determination of the appeal to the Court of Appeals.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is pursuant to CPLR 5602 (b)(1) for leave to the Court of Appeals is granted and the following question is certified to the Court of Appeals: Was the decision and order of this Court dated November 13, 2013, properly made?; and it is further,

ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled matter pending hearing and determination of the appeal to the Court of Appeals is granted, and all proceedings in the above-entitled matter are stayed pending hearing and determination of the appeal to the Court of Appeals (see CPLR 5519 [c]; and it is further,

ORDERED that the motion is otherwise denied.

 Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).

RIVERA, J.P., HALL, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court