U.S. Bank National Association etc. v GreenPoint Mortgage Funding Inc. .

Motion No: M-901

Slip Opinion No: 2017 NYSlipOp 70556(U)

Decided on April 13, 2017

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.

April 13, 2017

U.S. Bank National Association, etc.,

Plaintiff-Appellant-Respondent,

v

GreenPoint Mortgage Funding, Inc.,

Defendant-Respondent-Appellant.

Plaintiff-appellant-respondent and defendant-respondent-appellant having moved by separate motions for leave to appeal

to the Court of Appeals from the decision and order of this Court entered on December 29, 2016 (Appeal No. 1493) [M-599/M-901], And defendant-respondent-appellant having moved for expedited consideration of the aforesaid motions [M-823], Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that the motions are 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 the 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. ENTERED: April 13, 2017

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta, Justice Presiding, Dianne T. Renwick Rosalyn H. Richter Judith J. Gische, Justices

M-901

M-823

M-599

Index No. 651954/13