In re Gabrielle G. v X

Motion No: M-6431

Slip Opinion No: 2019 NYSlipOp 61669(U)

Decided on January 29, 2019

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.

January 29, 2019

In re Gabrielle G. (Anonymous), Confidential

and Another,

Dependant Children Under the Age of Docket Nos. B-46584/16

Eighteen Years, etc., B-46585/16

Mike G. (Anonymous)

Respondent-Appellant,

Catholic Guardian Services,

Petitioner-Respondent.

v

Respondent-appellant, by assigned counsel, Larry S. Bachner, Esq., having moved for reargument of the decision and order of this Court, entered on November 8, 2018 (Appeal Nos. 7551-7552), insofar as it declined to consider the constitutional arguments raised by respondent-appellant, 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 for reargument is granted and, upon reargument, the decision and order of this Court entered on November 8, 2018 (Appeal Nos. 7551-7552) is recalled and vacated and a new decision and order substituted therefor. (See Appeal No. 7551-7552, decided simultaneously herewith.) ENTERED: January 29, 2019

_____________________ DEPUTY CLERK

Present - Hon. David Friedman,Justice Presiding, Rosalyn H. Richter Marcy L. Kahn Jeffrey K. Oing Peter H. Moulton, Justices

M-6431