In re Richard Arroyo v James P. O'Neill etc. et al.

Motion No: M-8024

Slip Opinion No: 2019 NYSlipOp 86825(U)

Decided on December 26, 2019

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.

December 26, 2019

In re Richard Arroyo,

Petitioner,

v

James P. O'Neill, etc., et al.,

Respondents.

Respondents having moved for leave to appeal to the Court of Appeals from the decision and order of this Court, entered on September 17, 2019 (Appeal No. 9527), 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 modified the order of the Police Commissioner to the extent of vacating the penalty imposed and remanding the matter to the respondents for determination of a lesser penalty, properly made? This Court further certifies that its determination was made as a matter of law and not in the exercise of discretion. ENTERED: December 26, 2019

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta, Presiding Justice, Rosalyn H. Richter Barbara R. Kapnick Cynthia S. Kern, Justices

M-8024

Index No. 101125/17