Opinion
2021-76512 Motion 2019-01818 NC
12-23-2021
Unpublished Opinion
MOTION DECISION
Lower Court # S.C. 2465-17
JERRY GARGUILO, J.P., TERRY JANE RUDERMAN, ELIZABETH H. EMERSON, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for to leave to reargue an appeal from an order of the District Court of Nassau County, First District, entered October 2, 2019, which was determined in a decision and order of this court dated February 4, 2021, or, in the alternative, for leave to appeal to the Appellate Division from this court's decision and order.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of appellant's motion seeking leave to reargue is granted and, upon reargument, the decision and order of this court dated February 4, 2021 (2021 NY Slip Op 50077[U]) is recalled and vacated, and a new decision and order substituted therefor (see appeal No. 2019-1818 N C, decided simultaneously herewith); and it is further, ORDERED that the branch of appellant's motion seeking leave to appeal to the Appellate Division is denied.