Noah H. Silverman v Mary Jo D'Arco .

Motion No: M-49

Slip Opinion No: 2017 NYSlipOp 70735(U)

Decided on April 18, 2017

Appellate Division, First 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.

April 18, 2017

Noah H. Silverman,

Plaintiff-Respondent,

v

Mary Jo D'Arco,

Defendant-Appellant.

Defendant-appellant having moved for reargument of, or in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court, entered on November 29, 2016 (Appeal No. 2346N-2346NA), Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that so much of the motion seeking reargument is granted and, upon reargument, the decision and order of this Court entered on November 29, 2016 (Appeal No. 2346N-2346NA), is recalled and vacated and a new decision and order substituted therefor. (See Appeal No. 2346N-2346NA decided simultaneously herewith.) That portion of the motion seeking leave to appeal to the Court of Appeals is denied (See M-307, [granting amici leave to appear on the motion], decided simultaneously herewith). Entered: April 18, 2017

_____________________ CLERK

PRESENT: Hon. David Friedman,Justice Presiding, John W. Sweeny, Jr. Barbara R. Kapnick Ellen Gesmer,Justices

M-49

Index No. 107586/11