Bank of America, N.A. v Kessler
Motion No: 2018-00886
Slip Opinion No: 2022 NY Slip Op 66274(U)
Decided on May 23, 2022
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M283100

MB/

HECTOR D. LASALLE, P.J.

COLLEEN D. DUFFY

ROBERT J. MILLER

JOSEPH A. ZAYAS, JJ.

2018-00886

Bank of America, N.A., appellant,

v Andrew Kessler, respondent, et al.,

defendants.

(Index No. 54780/2014)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated November 30, 2017, which was determined by opinion and order of this Court dated December 15, 2021. Motion by the appellant for leave to reargue or renew the appeal 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 or renew the appeal is denied; and it is further,

ORDERED that the branch of the motion which is for leave to appeal to the Court of Appeals from the opinion and order of this Court is granted, and the following question is certified to the Court of Appeals: Was the opinion and order of this Court dated December 15, 2021, properly made?

Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).

LASALLE, P.J., DUFFY, MILLER and ZAYAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court