| Forest Park Acupuncture, P.C., As Assignee of Sherrian Rogers v Nyct Mabstoa |
| Motion No: 2015-01092 KC |
| Slip Opinion No: 2017 NY Slip Op 40030(U) |
| Decided on December 29, 2017 |
| 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 2nd, 11th & 13th judicial Districts
DAVID ELLIOT, J.P.
MICHAEL L. PESCE
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Forest Park Acupuncture, P.C., as Assignee of Sherrian Rogers, Respondent, v NYCT MABSTOA, Appellant. |
Motion by appellant for leave to reargue an appeal from an order of the Civil Court of the City of New York, Kings County, entered February 20, 2015, which was determined by decision and order of this court dated January 20, 2017, 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 no papers having been filed in opposition 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 January 20, 2017 (54 Misc 3d 135[A], 2017 NY Slip Op 50102[U]) is recalled and vacated, and a new decision and order substituted therefor (see appeal No. 2015-1092 K C, decided simultaneously herewith); and it is further,
ORDERED that the branch of the motion seeking leave to appeal is denied as academic.
ELLIOT, J.P., PESCE and SOLOMON, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk