| Brooks Shopping Ctr., LLC v Pizza Mania, Inc. Doing Bus. As Brick Oven Pizza Mania |
| Motion No: 2011-00291 wc |
| Slip Opinion No: 2012 NY Slip Op 95011(U) |
| Decided on December 21, 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 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
JOHN R. LaCAVA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| Brooks Shopping Center, LLC, Respondent, v Pizza Mania, Inc. Doing Business as Brick Oven Pizza Mania, Appellant. |
Motion by respondent for leave to reargue an appeal from an order of the City Court of Yonkers, Westchester County, entered January 6, 2011, which was determined by decision and order of this court dated August 6, 2012 (36 Misc 3d 142[A], 2012 NY Slip Op 51504[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 relation thereto, it is
ORDERED that the branch of the motion seeking leave to reargue is granted and, upon reargument, the decision and order of this court dated August 6, 2012 are recalled and vacated, and a new decision and order substituted therefor (see Appeal No. 2011-291 W 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 August 6, 2012 is denied as moot, as that decision and order have now been vacated and recalled.
Nicolai, P.J., LaCava and Iannacci, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk