| Careplus Med. Supply, Inc., As Assignee of Darwin Jimenez & Gilberto Estevez v Allstate Ins. Co. |
| Motion No: 2008-01861 NC |
| Slip Opinion No: 2016 NY Slip Op 64986(U) |
| Decided on February 22, 2016 |
| 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
ANTHONY MARANO, P.J.
JERRY GARGUILO
FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER ON MOTION
| Careplus Medical Supply, Inc., as Assignee of Darwin Jimenez and Gilberto Estevez, Appellant, v Allstate Insurance Company, Respondent. |
Motion by appellant for leave to renew an appeal from an order of the District Court of Nassau County, Third District, dated September 8, 2008, which was determined by decision and order of this court dated October 6, 2009 (25 Misc 3d 128[A], 2009 NY Slip Op 52068[U]), or for alternative relief.
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 renew is granted (see CPLR 2221 [e] [2]), and, upon renewal, this court's decision and order dated October 6, 2009 are recalled and vacated, and a new decision and order substituted therefor (see appeal No. 2008-1861 N C, decided simultaneously herewith).
ENTER:
Paul Kenny
Chief Clerk