French v Schiavo

Motion No: M-769

Slip Opinion No: 2009 NY Slip Op 73863(U)

Decided on June 2, 2009

Appellate Division, First 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.

June 2, 2009

French v Schiavo

Reargument granted and, upon reargument, the

decision and order of this Court entered on January 13, 2009

(Appeal No. 5022) recalled and vacated and a new decision

and order substituted therefor. (See Appeal No. 5022, decided simultaneously herewith.) Leave to appeal to the Court of Appeal denied.

Before: Andrias, J.P., Nardelli, Moskowitz, Renwick, Freedman, JJ.

Motion No. M-769