| Norman A. Mclean v Chase Manhattan Auto Fin. Co. |
| Motion No: 2010-02321 kc |
| Slip Opinion No: 2012 NY Slip Op 73525(U) |
| Decided on May 7, 2012 |
| 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHELLE WESTON, J.P.
JOSEPH G. GOLIA
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| Norman A. McLean, Respondent, v Chase Manhattan Auto Finance Co., Defendant, and Chon U. Ho and Marcelin Papillon, Appellants. Nos. |
Motion by respondent for leave to reargue and renew an appeal from an order of the Civil Court of the City of New York, Kings County, entered June 16, 2010, which was determined by decision and order of this court dated December 19, 2011 (34 Misc 3d 129[A], 2011 NY Slip Op 52302[U]), or, in the alternative, for leave to appeal to the Appellate Division from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the appeals are consolidated for the purpose of disposition of this motion; and it is further,
ORDERED that the branch of the motion seeking leave to reargue and renew is granted to the extent that leave to reargue is granted and, upon reargument, the decision and order of this court dated December 19, 2011 are recalled and vacated, and a new decision and order substituted therefor (see Appeal Nos. 2010-2321 K C and 2011-838 K C, decided simultaneously herewith); and it is further,
ORDERED that the branch of the motion seeking leave to appeal to the Appellate Division from the decision and order of this court dated December 19, 2011 is denied as moot.
ENTER:
Paul Kenny
Chief Clerk