Matter of Marie Vincent v. Eric Adams

Matter of Marie Vincent v Eric Adams

Motion No: 2025-04390 2025-04698 Slip Opinion No: 2025 NY Slip Op 78037(U) Decided on October 07, 2025

Appellate Division, First Department, Motion Decision Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

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Supreme Court of the State of New York Appellate Division, First Judicial Department Present - Hon. Peter H. Moulton, Justice Presiding, Ellen Gesmer

Manuel J. Mendez

John R. Higgitt

Kelly O'Neill Levy, Justices.

In the Matter of the Application of

Marie Vincent, Carolina Tejada, Mary Cronneit, Susan Acks, on behalf of

themselves and all others similarly situated, Motion Nos.

Index No.

Case No.

2025-04390 2025-04698

450563/24 2024-05186 Petitioners-Appellants, For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules

-against-

Mayor Eric Adams, in his official capacity as Mayor of the City of New York, The City of New York,

Respondents-Respondents.

- - - - - - - - - - - - - - - - - - - - - - - The Council of the City of New York, Petitioner-Plaintiff-Appellant,

-against-

Mayor Eric Adams etc.,

Respondent-Defendant-

Respondent.

- - - - - - - - - - - - - - - - - - - - - - - Women In Need ("WIN"), Coalition for the Homeless, Help USA, Homeless Services United, Interfaith Assembly on Homeless and Housing, New York Coalition for Homeless Youth and Community Service Society of New York ("CSS"),

Amici Curiae.

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Case No. 2024-05186 -2- Motion Nos. 2025-04390 2025-04698

Respondents-respondents having moved for leave to appeal to the Court of Appeals from the decision and order of this Court, entered on July 10, 2025 (Appeal No. 3780), (Motion No. 2025-04390),

And petitioners-appellants having cross moved, pursuant to CPLR §5519(c), to vacate the automatic stay of proceedings to enforce the order on appeal (Moton No. 2025-04698),

Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon,

It is ordered that respondents-respondents' 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 found that the City Council was not preempted from legislating in the field of rental assistance, properly made?

This Court further certifies that its determination was made as a matter of law and not in the exercise of discretion (Motion No. 2025-04390),

And, it is further ordered that petitioners-appellants' cross motion is denied (Motion No. 2025-04698).

ENTERED: October 07, 2025

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