Appellate Division: Second Judicial Department

M84956

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STEVEN W. FISHER, J.P.

MARK C. DILLON

DANIEL D. ANGIOLILLO

ARIEL E. BELEN, JJ.

2008-07363 Anthony Batista, etc., appellant, v Emilio Casso, et al., respondents. (Index No. 19364/06)

DECISION & ORDER ON MOTION

Appeal by Anthony Batista from an order of the Supreme Court, Kings County, dated July 2, 2008, which was dismissed by decision and order on motion of this court dated March 30, 2009. Motion by Saretsky Katz Dranoff & Glass, LLP, inter alia, for leave to reargue its opposition to the court's motion to impose sanctions upon it pursuant to 22 NYCRR 670.4(b)(2), as counsel for the insurer of the respondent Emilio Casso, for appearing at the CAMP conference without authority to settle the case, which was granted by decision and order on motion dated March 13, 2009.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is for leave to reargue is granted, the decision and order on motion of this court dated March 13, 2009, is recalled and vacated, and the motion to impose sanctions is denied; and it is further,

ORDERED that the motion by Saretsky Katz Dranoff & Glass, LLP, is otherwise denied as academic.

FISHER, J.P., DILLON, ANGIOLILLO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court