In re John Cooper v City of New York

Motion No: M-160

Slip Opinion No: 2018 NYSlipOp 64757(U)

Decided on February 22, 2018

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.

February 22, 2018

In re John Cooper,

Petitioner-Respondent,

v

City of New York, Respondent,

New York City Department of

Education, et al.,

Respondents-Appellants.

Petitioner-respondent 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 28, 2017 (Appeal No. 5072), Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,It is ordered that the motion, to the extent it seeks reargument, is granted and, upon reargument, the decision and order of this Court entered on November 28, 2017 (Appeal No. 5072) is recalled and vacated and a new decision and order substituted therefor. (See Appeal No. 5072, decided simultaneously herewith.) The motion, to the extent it seeks leave to appeal to the Court of Appeals, is denied. ENTERED: February 22, 2018

_____________________ CLERK

Present - Hon. David Friedman,Justice Presiding, Peter Tom Richard T. Andrias Ellen Gesmer,Justices

M-160

Index No. 101348/14