Opinion
MOTION NO. (59/20) CA 19-01227.
07-17-2020
PRESENT: (Filed July 17, 2020.)
MEMORANDUM AND ORDER
Motion insofar as it seeks leave to reargue is deemed a motion seeking leave to renew (see CPLR 2221 [e] [2]; Baluk v New York Cent. Mut. Fire Ins. Co., 126 AD3d 1426, 1426-1427 [4th Dept 2015]), the motion is granted and, upon renewal, the memorandum and order entered January 31, 2020 (179 AD3d 1453) is amended by deleting the ordering paragraph and memorandum and substituting the following ordering paragraph: "It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs (see Matter of National Fuel Gas Supply Corp. v Schueckler, - NY3d -, 2020 NY Slip Op 03563 [June 25, 2020])."