Gwendolyn Snipes v Kevin Schmidt Ramakrishna Transportation Inc. Satco Ambulette Inc. and Regency

Motion No: M-3559

Slip Opinion No: 2018 NYSlipOp 88993(U)

Decided on November 20, 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.

November 20, 2018

Gwendolyn Snipes,

Plaintiff-Appellant,

v

Kevin Schmidt, Ramakrishna Transportation,

Inc., Satco Ambulette Inc., and Regency

Extended Care Center, Inc.,

Defendants-Respondents.

Plaintiff-appellant having moved for "renewal", deemed herein a motion to reargue, the decision and order of this Court, entered on May 29, 2018 (161 AD3d 670 1st Dept [2018]) (Appeal No. 6697) [M-3196], And defendants-respondents having cross-moved to dismiss plaintiff-appellant's motion, or in the alternative, for leave to file supplemental briefs, (M-3559), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that plaintiff-appellant's motion for reargument is granted and, upon reargument, the decision and order of this Court entered on May 29, 2018 (Appeal No. 6697) is recalled and vacated and a new decision and order substituted therefor. (See Appeal No. 6697, decided simultaneously herewith.)The cross motion by defendants-respondents to file a supplemental brief (M-3559), is denied in its entirety, as a new decision in this matter would vacate our prior decision and render defendants-respondents' cross motion moot. ENTERED: November 20, 2018

_____________________ DEPUTY CLERK

PRESENT: Hon. David Friedman,Justice Presiding,Judith J. Gische Peter Tom Cynthia S. Kern Anil C. Singh, Justices

M-3559

M-3196

Index No. 303681/10