In re the Friends of P.S. 163 Inc. v 100641/15 Jewish Home Lifecare Manhattan

Motion No: M-820

Slip Opinion No: 2017 NYSlipOp 72251(U)

Decided on May 2, 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.

May 2, 2017

In re The Friends of P.S. 163, Inc.,

et al.,

Petitioners-Respondents,

v

100641/15

Jewish Home Lifecare, Manhattan,

Respondent-Appellant,

New York State Department of Health,

et al.,

Respondents.

In re Matter of Daisy Wright, et al., Petitioners-Respondents, v

New York State Department of Health,

et al., Respondents,

Jewish Home Lifecare, Manhattan, Respondent-Appellant. - - - - - - - - - - - - - - -

The Real Estate Board of New York, Inc.,

City of New York, Caringkind, JCC

Manhattan, Services and Advocacy for

GLBT Elders and West Side Federation

for Senior and Supportive Housing, Amici Curiae.

---------------------------------------X Petitioners-respondents, The Friends of P.S. 163, Inc.,

et al., having moved for leave to appeal to the Court of Appeals from the decision and order of this Court, entered on January 19, 2017 (Appeal No. 1444-1445) [M-820], And, petitioners-respondents, Daisy Wright, et al., having moved for identical relief (M-802), 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 the Supreme Court, as reversed 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. ENTERED: May 2, 2017

_____________________ CLERK

Present: Hon. David Friedman, Justice Presiding, John W. Sweeny, Jr. Troy K. Webber Ellen Gesmer, Justices

M-820

M-802

Index Nos. 100546/15