Murtadha Abdulwahab v Peter J. Shmergie, PLLC a/k/a Peter J. Schmerge, PLLC & Peter J. Shmergie "schmerge"
Motion No: 2009-01426 WC
Slip Opinion No: 2009 NY Slip Op 84632(U)
Decided on September 24, 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 : NICOLAI, P.J., TANENBAUM and MOLIA, JJ.


NO. 2009-1426 W C
MURTADHA ABDULWAHAB,

Respondent,

-against-

PETER J. SHMERGIE, PLLC
a/k/a PETER J. SCHMERGE, PLLC
and PETER J. SHMERGIE "SCHMERGE",

Appellant.

DECISION

On this court's own motion, the order of this court dated September 10, 2009 is recalled and vacated and the following substituted therefor:

Motion by appellant for, in effect, summary reversal and other relief is denied.

Upon a review of the opposing papers, which although timely submitted had not been considered, it appears that the relief sought is not warranted.

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Presiding Justice, Appellate Term

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Associate Justice, Appellate Term

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Associate Justice, Appellate Term