Opinion
Motion No: M-811
06-04-2020
Plaintiff-appellant having moved (M-811) for reargument of, or in the alternative, for leave to appeal to the Court of Appeals, from the decision and order of this Court, entered on December 3, 2019 (Appeal No. 10468), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that the motion (M-811), to the extent it seeks reargument, is granted and, upon reargument, the decision and order of this Court entered on December 3, 2019 (Appeal No. 10468) is recalled and vacated and a new decision and order substituted therefor. See Appeal No. 10468 decided simultaneously herewith. The branch of the motion seeking leave to appeal to the Court of Appeals is denied.
ENTERED: June 4, 2020
__________ CLERK
Present - Hon. David Friedman, Justice Presiding, Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices
M-811
Index No. 350213/04