Opinion
Motion No. 2020-00990 NC
09-11-2024
Queens Neurology, P.C., as Assignee of Nekisha O'Madre, Appellant, v. Kemper Ins. Co., Respondent.
Unpublished Opinion
MOTION DECISION
JERRY GARGUILO, P.J. TIMOTHY S. DRISCOLL HELEN VOUTSINAS, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for leave to reargue an appeal from a judgment of the District Court of Nassau County, Third District, entered September 13, 2019, which was determined by decision and order of this court dated April 28, 2022 or, in the alternative, for leave to appeal to the Appellate Division from the decision and order of this court.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of respondent's motion seeking leave to reargue is granted and, upon reargument, the decision and order of this court dated April 28, 2022 (2022 NY Slip Op 50356[U]) is recalled and vacated, and a new decision and order substituted therefor (see appeal No. 2020-990 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.
Voutsinas, J. taking no part.