Opinion
Motion No: 2016-00418 KC
09-12-2018
MICHAEL L. PESCE
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
Motion by appellant to leave to reargue an appeal from an order of the Civil Court of the City of New York, Kings County, entered December 23, 2015, which was determined by a decision and order of this court dated December 29, 2017, 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 the motion seeking leave to reargue is granted and, upon reargument, the decision and order of this court dated December 29, 2017 (58 Misc 3d 146[A], 2017 NY Slip Op 51959[U]) is recalled and vacated, and a new decision and order substituted therefor (see appeal No. 2016-418 K C, decided simultaneously herewith); and it is further,
ORDERED that the branch of the motion seeking leave to appeal is denied as academic.
WESTON, J.P., and PESCE, J., concur.
SOLOMON, J., taking no part.
ENTER:
Paul Kenny
Chief Clerk