Narrative Opinion Summary
Permission to appeal to the Court of Appeals is granted without costs. The court did not consider any issues of fact. Under CPLR 5713, the court certifies that a decisive legal question has arisen regarding the correctness of its determination: whether the judgment of Special Term, which dismissed the petition, was correct as a matter of law. The judges concurring in this decision are Sweeney, J.P., Kane, Staley, Jr., Casey, and Herlihy, JJ.
Legal Issues Addressed
Certification of Decisive Legal Questionsubscribe to see similar legal issues
Application: The court certifies a legal question concerning the correctness of the dismissal of the petition by Special Term as a matter of law.
Reasoning: Under CPLR 5713, the court certifies that a decisive legal question has arisen regarding the correctness of its determination: whether the judgment of Special Term, which dismissed the petition, was correct as a matter of law.
Permission to Appeal under CPLR 5713subscribe to see similar legal issues
Application: The court grants permission to appeal to the Court of Appeals without considering any issues of fact, focusing on a decisive legal question.
Reasoning: Permission to appeal to the Court of Appeals is granted without costs. The court did not consider any issues of fact.