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Leigh-Morales v. Morales

123 A.D.2d 275 Court N.Y. App. Div. Decision date 1986-09-23 English

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p. 275
In the Matter of Leigh-Morales v Morales.

Motion granted to the extent of deleting the last 18 words of the penultimate paragraph of this court’s order entered on June 12, 1986 ( 121 AD2d 256 ), and substituting therefor the following: "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 the Appellate Division, First Department of April 3, 1986 ( 119 AD2d 1016 ), affirming the decision and order of Judge Mortimer Getzels of October 5, 1985 denying petitioner’s motion for a contempt order against Bankers Trust Company, stakeholder-respondent, properly made?’ This court further certifies that its determination was made as a matter of law and not in the exercise of discretion.” Concur—Kupferman, J. P., Carro, Asch, Kassal and Wallach, JJ.