Opinion
Motion No. 2023-03282 Index Nos. 152341/19152561/19 Case Nos. 2022-05170 202205466
09-28-2023
In the Matter of Elizabeth Street Garden, Inc., et al., Petitioners-Respondents, v. The City of New York et al., Respondents-Appellants. Councilmember Christopher Marte,Amicus Curiae. In the Matter of Friends of Elizabeth Street Garden et al.,Petitioners-Respondents, v. City of New York, et al.,Respondents-Appellants, Manhattan Community Board 2, Respondent.
Unpublished Opinion
MOTION DECISION
PRESENT: Hon. Troy K. Webber, Justice Presiding, Anil C. Singh Tanya R. Kennedy Saliann Scarpulla Bahaati E. Pitt-Burke, Justices.
Petitioners-respondents having moved for leave to appeal to the Court of Appeals from the decision and order of this Court, entered on June 27, 2023 (Appeal Nos. 555-556), 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 modified 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.