Pedro Bautista v Archdiocese of New York etc. et al..

Motion No: M-2969

Slip Opinion No: 2018 NYSlipOp 81946(U)

Decided on August 30, 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.

August 30, 2018

Pedro Bautista,

Plaintiff-Respondent-Appellant/

Respondent,

v

Archdiocese of New York, etc., et al., Defendants-Appellants-Respondents. - - - - - - - - - - - - - - - - -

Archdiocese of New York, etc., et al.,

Third-Party Plaintiffs-Appellants,

v

Hughes & Hughes Contracting Corp.,

et al.,

Third-Party Defendants.

Plaintiff-respondent-appellant/respondent, Pedro Bautista, 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 May 3, 2018 (Appeal Nos. 6446-6448), 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 May 3, 2018 (Appeal Nos. 6446-6448), is recalled and vacated and a new decision and order

substituted therefor. (See Appeal Nos. 6446-6448, decided simultaneously herewith.) The motion, to the extent it seeks leave to appeal to the Court of Appeals, is denied, as moot. ENTERED: August 30, 2018

_____________________ DEPUTY CLERK

Present - Hon. Rosalyn H. Richter,Justice Presiding, Ellen Gesmer Jeffrey K. Oing Anil C. Singh Peter H. Moulton,Justices

M-2969

Index No. 23394/14