| Bernard Hildebrand v Nowak Allied Contrs., Inc. |
| Motion No: 2008-01267 SC |
| Slip Opinion No: 2009 NY Slip Op 76889(U) |
| Decided on June 29, 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. |
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| BERNARD HILDEBRAND, Respondent, -against- NOWAK ALLIED CONTRACTORS, INC., Appellant. |
DECISION
On this court's own motion, the decision and order of this court entered on June 2, 2009 is recalled and vacated and a new decision and order substituted therefor, reflecting that Associate Justice Scheinkman takes no part (see Appeal No. 2008-1267 SC, decided simultaneously herewith.)