Appellate Division: Second Judicial Department

M172939

E/ct

MARK C. DILLON, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2013-08823, 2014-01142 In the Matter of Robert Lynn, respondent, v Town of Clarkstown, et al., appellants. (Index No. 2381/12, 1480/13)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from two judgments of the Supreme Court, Rockland County, dated December 4, 2013, and July 12, 2013, respectively, inter alia, in effect, for leave to reargue that branch of his prior motion which was to direct the appellant Town of Clarkstown to continue to provide him with family medical, dental, and vision coverage benefits without cost, pending hearing and determination of the appeals, which was determined by decision and order on motion of this Court dated April 9, 2014.

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

ORDERED that the branch of the motion which is, in effect, for leave to reargue that branch of the respondent's prior motion which was to direct the appellant Town of Clarkstown to continue to provide him with family medical, dental, and vision coverage benefits without cost pending hearing and determination of the appeals is granted, so much of the decision and order on motion of this Court dated April 9, 2014, as denied that branch of the motion is recalled and vacated, and, upon reargument, the branch of the prior motion which was to direct the appellant Town of Clarkstown to continue to provide the respondent with family medical, dental, and vision coverage benefits without cost, pending hearing and determination of the appeals is granted; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., HALL, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court