Carlos Rodriguez v City of New York .

Motion No: M-4639

Slip Opinion No: 2016 NYSlipOp 96039(U)

Decided on December 15, 2016

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.

December 15, 2016

Carlos Rodriguez,

Plaintiff-Appellant-Respondent,

v

City of New York,

Defendant-Respondent-Appellant.

Plaintiff-appellant-respondent having moved for leave to appeal to the Court of Appeals from the decision and order of this Court entered on September 1, 2016 (Appeal No. 16336-37N), 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 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. (See M-5406, decided simultaneously herewith). ENTERED: December 15, 2016 _______________________ CLERK

PRESENT - Hon. Peter Tom, Justice Presiding, John W. Sweeny, Jr. Rolando T. Acosta Richard T. Andrias Karla Moskowitz, Justices

M-4639

Index No. 109444/11