May 7, 2019

Epiphany Community Nursery School,

Plaintiff-Appellant,

v

Hugh W. Levey, Claire Gruppo, Gruppo,

Levey & Co., Gruppo, Levey Holdings

Inc., January Management, Inc., Frog

Pond Partners L.P. and Davie Kaplan

CPA, P.C.,

Defendants-Respondents.

Defendants-Respondents Hugh W. Levey, Claire Gruppo, Gruppo,

Levey & Co., Gruppo, Levey Holdings Inc., January Management, Inc., Frog Pond Partners L.P. having moved for leave to appeal to the Court of Appeals, from the decision and order of this Court, entered on February 15, 2019 (Appeal No. 6695), insofar as it reinstated plaintiff's claims for fraud and related causes of action as against them, 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 inter alia modified the Order of the Supreme Court to the extent of denying defendant Hugh W. Levey's motion to dismiss as to the claims for fraud and breach of fiduciary duty, and denying defendants Claire Gruppo, Gruppo, Levey & Co., Gruppo, Levey Holdings Inc., January Management, Inc., Frog Pond Partners L.P.'s motion to dismiss as to the claims for aiding and abetting fraud for the bank transfers, 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 7, 2019

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Judith J. Gische Peter Tom Cynthia S. Kern Anil C. Singh, Justices

M-1347

Index No. 654655/16