J & L Reporting Serv. of Westchester, Inc. v Gary M. Darche

J & L Reporting Serv. of Westchester, Inc. v Gary M. Darche

Motion No: 2008-01015 QC

Slip Opinion No: 2009 NY Slip Op 92796(U)

Decided on December 30, 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 : 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT : PESCE, P.J., GOLIA and RIOS, JJ.

NO. 2008-1015 Q C

J & L REPORTING SERVICE OF WESTCHESTER, INC.,

Appellant,

-against-

GARY M. DARCHE,

Respondent.

DECISION

Motion by appellant for leave to reargue is granted and, upon reargument, the decision and order of this court dated December 31, 2008 (22 Misc 3d 126[A], 2008 NY Slip Op 52592[U]) are recalled and vacated and a new decision and order substituted therefor (see Appeal No. 2008-1015 Q C decided simultaneously herewith).