In re Diaz v Kelly

Motion No: M-2468

Slip Opinion No: 2012 NY Slip Op 81305(U)

Decided on August 14, 2012

Appellate Division, First 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.

August 14, 2012

In re Diaz v Kelly

Reargument granted and upon reargument, the

decision and order of this Court entered on April 19, 2012 (Appeal No. 7424) recalled and vacated and a new decision

and order substituted therefor. (See Appeal No. 7424, decided simultaneously herewith.)

Before: Gonzalez, P.J., Saxe, Sweeny, Acosta, Renwick, JJ.

Motion No. M-2468