Opinion
2004-00945.
December 29, 2005.
THOMAS A. ADAMS, J.P. STEPHEN G. CRANE SONDRA MILLER WILLIAM F. MASTRO, JJ.
DECISION ORDER ON MOTION
Motion by the respondent for leave to reargue so much of a decision and order of this court dated May 9, 2005, as, upon determining an appeal from an order of the Supreme Court, Kings County, dated January 7, 2004, awarded costs to the appellants or, in the alternative, for leave to appeal to the Court of Appeals from so much of the decision and order as awarded costs to the appellants.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to reargue is granted; and it is further,
ORDERED that the decision and order dated May 9, 2005, in the above-entitled case is amended by deleting from the decretal paragraph thereof the words "with costs" and substituting therefor the words "without costs or disbursements"; and it is further,
ORDERED that the motion is otherwise denied as academic.
ADAMS, J.P., CRANE, S. MILLER and MASTRO, JJ., concur.