Ambac Assurance Corporation et al. v SEALED

Motion No: M-3201

Slip Opinion No: 2017 NYSlipOp 80804(U)

Decided on July 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.

July 25, 2017

Ambac Assurance Corporation, et al.,

Plaintiffs-Appellants-Respondents,

v

SEALED

Countrywide Home Loans, Inc., et al., Defendants-Respondents-Appellants,

Bank of America Corp.,

Defendant.

- - - - - - - - - - - - - - -

The Association of Finaicial Guaranty

Insurers and the Securities Industry

and Financial Markets Association,

Amici Curiae.

Plaintiffs-appellants-respondents having moved for reargument of or, in the alternative, for leave to appeal

to the Court of Appeals, from the decision and order of this Court entered on May 16, 2017 (Appeal Nos. 3145 and 3145A), 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, to the extent it seeks reargument, is denied as academic. That branch of the motion which seeks leave to appeal to the Court of Appeals 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 modified,on the law, to the extent indicated therein, and otherwise 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: July 25, 2017

_____________________ CLERK

Present - Hon. Rosalyn H. Richter,Justice Presiding, Sallie Manzanet-Daniels Judith J. Gische Troy K. Webber Marcy L. Kahn,Justices

M-3201

Index No. 651612/10