In re New York Civil Liberties Union v New York City Police Department et al.

Motion No: M-3550

Slip Opinion No: 2017 NYSlipOp 84112(U)

Decided on August 29, 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.

August 29, 2017

In re New York Civil Liberties Union,

Petitioner-Respondent,

v

New York City Police Department,

et al.,

Respondents-Appellants.

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

The New York Times Company, Advance

Publications, Inc., The Associated

Press, Inc., Daily News L.P.,

Dow Jones & Company, Inc., Gannett Co.,

Inc., Hearst Corporation, Newsday LLC,

News 12 Networks LLC and NYP Holdings,

Inc.,

Amici Curiae.

Petitioner-respondent having moved for leave to appeal to the Court of Appeals from the decision and order of this Court, entered on March 30, 2017 (Appeal No. 2831), 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 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: August 29, 2017

_____________________ DEPUTY CLERK

Present - Hon. David Friedman, Justice Presiding, Dianne T. Renwick Rosalyn H. Richter Karla Moskowitz Barbara R. Kapnick, Justices

M-3550

Index No. 102436/12