ATM One, LLC v Incorporated Village of Hempstead
Motion No: 2010-04477
Slip Opinion No: 2013 NY Slip Op 74167(U)
Decided on May 17, 2013
Appellate Division, 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 Division: Second Judicial Department

M156528

E/sl

DANIEL D. ANGIOLILLO, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

JEFFREY A. COHEN, JJ.

2010-04477

ATM One, LLC, et al., appellants,

v Incorporated Village of Hempstead,

et al., respondents.

(Index No. 8628/09)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Nassau County, entered April 22, 2010, which was determined by decision and order of this Court dated January 10, 2012, for leave to reargue their prior motion to amend the decision and order of this Court dated January 10, 2012, which was determined by decision and order on motion of this Court dated April 9, 2013.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion for leave to reargue is granted, upon reargument, the decision and order on motion of this Court dated April 9, 2013, is recalled and vacated, the motion to amend is granted, and the decision and order of this Court dated January 10, 2012, is amended by adding the words, "inter alia," to the decretal paragraph thereof between the words "judgment" and "declaring."

ANGIOLILLO, J.P., BALKIN, DICKERSON and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court