Williams Cabral v Edward H. Wolf

Williams Cabral v Edward H. Wolf

Motion No: 2007-01217 KC 09-12-2008

Slip Opinion No: 2009 NYSlipOp 62741(U)

Decided on January 28, 2009

Appellate Term, Second Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT : RIOS, J.P., PESCE and GOLIA, JJ.

NO. 2007-1217 K C

WILLIAMS CABRAL,

Appellant,

-against-

EDWARD H. WOLF,

Respondent.

DECISION

That branch of appellant's motion seeking leave to reargue granted and, upon reargument, the decision and order of this court entered on July 10, 2008 (see 20 Misc 3d 138[A], 2008 NY Slip Op 51561[U], Appeal No. 2007-1217 K C) recalled and vacated and a new decision and order substituted therefor (see Appeal No. 2007-1217 K C, decided simultaneously herewith.)

That branch of appellant's motion seeking leave to appeal to the Appellate Division denied as academic.

Justice Presiding, Appellate Term

Associate Justice, Appellate Term