In re Almira Beatty v City of New York et al. .

Motion No: M-1760

Slip Opinion No: 2017 NYSlipOp 74230(U)

Decided on May 18, 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 18, 2017

In re Almira Beatty,

Petitioner-Appellant,

v

City of New York, et al.,

Respondents-Respondents.

Respondents-respondents having moved for leave to appeal to the Court of Appeals, from the decision and order of this Court, entered on March 2, 2017 (Appeal No. 3043), 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 reversed the order and judgment (one paper) of the 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: May 18, 2017

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Richard T. Andrias Karla Moskowitz Barbara R. Kapnick Marcy L. Kahn, Justices

M-1760

Index No. 652103/14