Westchester Neurodiagnostic, P.C. a/a/o Michelle Cooley v Allstate Ins. Co.

Westchester Neurodiagnostic, P.C. a/a/o Michelle Cooley v Allstate Ins. Co.

Motion No: 2008-01436 NC

Slip Opinion No: 2009 NY Slip Op 76892(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.

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT : RUDOLPH, P.J., TANENBAUM and NICOLAI, JJ.

2008-1436 NC

WESTCHESTER NEURODIAGNOSTIC, P.C.
a/a/o MICHELLE COOLEY,

Appellant,

-against-

ALLSTATE INSURANCE COMPANY,

Respondent.

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. 2008-1436 NC, decided simultaneously herewith.)