US Bank National Association v Nelson |
Motion No: 2016-01722 |
Slip Opinion No: 2019 NY Slip Op 74318(U) |
Decided on July 2, 2019 |
Appellate Division, Second Department, Motion Decision |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M264034
E/sl
WILLIAM F. MASTRO, J.P.
RUTH C. BALKIN
SYLVIA O. HINDS-RADIX
COLLEEN D. DUFFY, JJ.
2016-01722 US Bank National Association, etc., respondent, v Kenyatta Nelson, et al., appellants, et al., defendants. (Index No. 23423/09)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated December 15, 2015, which was determined by opinion and order of this Court dated January 23, 2019, or, in the alternative, for leave to appeal to the Court of Appeals from the opinion and order of this Court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to reargue is denied; and it is further,
ORDERED that the branch of the motion which is for leave to appeal to the Court of Appeals is granted and the following question is certified to the Court of Appeals: Was the opinion and order of this Court dated January 23, 2019, properly made?
Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).
MASTRO, J.P., BALKIN, HINDS-RADIX and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court