| 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. |
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| 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