In re Prometheus Realty Corp. v the New York City Water Board

Motion No: M-1332

Slip Opinion No: 2017 NYSlipOp 71548(U)

Decided on April 25, 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 25, 2017

In re Prometheus Realty Corp.,

et al.,

Petitioners-Respondents,

For an Order Pursuant to Article 78

of the Civil Practice Law and Rules,

v

The New York City Water Board,

et al.,

Respondents-Appellants.

Respondents-appellants having moved for leave to appeal to the Court of Appeals, from the decision and order of this Court, entered on February 16, 2017 (Appeal No. 1805), 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 this Court, which affirmed the order of 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. ENTERED: April 25, 2017

_____________________ CLERK

Present: Hon. David Friedman, Justice Presiding, Karla Moskowitz Judith J. Gische Marcy L. Kahn, Justices

M-1332

Index No. 653003/16