Wells Fargo Bank N.A. etc. v Donna Ferrato |
Motion No: M-2319 |
Slip Opinion No: 2020 NYSlipOp 70572(U) |
Decided on August 27, 2020 |
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. |
August 27, 2020
Wells Fargo Bank, N.A., etc.,
Plaintiff-Appellant,
v
Donna Ferrato,
Defendant-Respondent, The Simon & Mills Building 850294/17
Condominium Board, et al.,
Defendants.
- - - - -
Wells Fargo Bank, N.A., etc.,
Plaintiff-Respondent,
v
Donna Ferrato,
Defendant-Appellant,
Capital One Bank (USA) N.A., et al.,
Defendants.
Plaintiff-appellant/plaintiff-respondent Wells Fargo Bank, National Association as Trustee for Option One Mortgage Loan Trust 2007-5, Asset-backed Certificates, Series 2007-5, having moved for leave to appeal to the Court of Appeals, from the decision and order of this Court, entered on May 28, 2020 (Appeal Nos. 11561-11561A), 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 affirmed the order of the Supreme Court, entered March 6, 2018 and reversed the order of the Supreme Court, entered August 7, 2018, 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 27, 2020
_____________________ CLERK
PRESENT: Hon. David Friedman, Justice Presiding, Judith J. Gische Troy K. Webber Ellen Gesmer Jeffrey K. Oing, Justices
M-2319
Index Nos. 850034/15