Opinion
Motion No. 2022-01122 Index No. 35006/18ECase No. 2021-02051
07-26-2022
U.S. Bank National Association, etc., Plaintiff-Respondent, v. Michael J. Maioriello, Jr., also known as Michael Maioriello, etc., et al., Defendants-Appellants, New York State Department of Taxation and Finance, et al., Defendants.
Unpublished Opinion
MOTION DECISION
PRESENT: Hon. Rolando T. Acosta, Presiding Justice, Barbara R. Kapnick David Friedman Anil C. Singh Bahaati E. Pitt, Justices.
Defendants-appellants having moved for reargument and/or renewal of, or in the alternative, for leave to appeal to the Court of Appeals, from the decision and order of this Court, entered on February 24, 2022 (Appeal No. 15363), Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that so much of the motion seeking reargument is granted and, upon reargument, the decision and order of this Court, entered on February 24, 2022 (Appeal No.15363) is hereby recalled and vacated and a new decision and order substituted therefor (See Appeal No.15363 decided simultaneously herewith). Defendants-appellants' motion, insofar as it seeks renewal of the aforesaid order of this Court, or in the alternative, for leave to appeal to the Court of Appeals, is denied as moot.