Racquel Lividini v Harold L. Goldstein D.P.M. Vinai |
Motion No: M-7722 |
Slip Opinion No: 2019 NYSlipOp 84786(U) |
Decided on November 26, 2019 |
Appellate Division, First 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. |
November 26, 2019
Racquel Lividini,
Plaintiff-Appellant,
v
Harold L. Goldstein, D.P.M., Vinai
Prakash, D.P.M., Rye Ambulatory
Surgery Center, L.L.C., and Westmed
Medical Group, P.C.,
Defendants-Respondents.
Defendants-respondents Rye Ambulatory Surgery Center, LLC and Westmed Medical Group, P.C. having moved for leave to appeal to the Court of Appeals from the decision and order of this Court, entered on August 20, 2019 (Appeal No. 9214N), 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: November 26, 2019
_____________________ DEPUTY CLERK
Present - Hon. Rolando T. Acosta, Presiding Justice, David Friedman Sallie Manzanet-Daniels Ellen Gesmer Anil C. Singh, Justices
M-7722
Index No. 20675/18E