Opinion
MOTION NO. (59/20) CA 19-01227
07-17-2020
In the Matter of NATIONAL FUEL GAS SUPPLY CORPORATION, Petitioner-Respondent, v. Ivan GUROV, Respondent-Appellant, et al., Respondents. (Appeal No. 1.)
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 A.D.3d 1426, 1426-1427, 6 N.Y.S.3d 917 [4th Dept. 2015] ), the motion is granted and, upon renewal, the memorandum and order entered January 31, 2020 ( 179 A.D.3d 1453, 118 N.Y.S.3d 327 ) 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 , 35 N.Y.3d 297], 127 N.Y.S.3d 427, 150 N.E.3d 1192, 2020 N.Y. Slip Op. 03563 [June 25, 2020] )."