Gregory Scavetta et al. v Stuart Wechsler

Motion No: M-1934

Slip Opinion No: 2017 NYSlipOp 74579(U)

Decided on May 23, 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 23, 2017

Gregory Scavetta, et al.,

Plaintiffs-Appellants,

v

Stuart Wechsler,

Defendant-Respondent.

Plaintiffs-appellants having moved for leave to appeal to the Court of Appeals from the decision and order of this Court, entered on March 16, 2017 (Appeal No. 2235), 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 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 23, 2017

_____________________ CLERK

Present - Hon. Rolando T. Acosta,Presiding Justice, Dianne T. Renwick Karla Moskowitz Paul G. Feinman Marcy L. Kahn,Justices

M-1934

Index No. 155262/14