| Matter of ESNA Management Corp. v New York State Division of Human |
| Motion No: 2018-06380 |
| Slip Opinion No: 2019 NY Slip Op 71814(U) |
| Decided on June 4, 2019 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M263249
F/mm
REINALDO E. RIVERA, J.P.
HECTOR D. LASALLE
BETSY BARROS
ANGELA G. IANNACCI, JJ.
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2018-06380 In the Matter of ESNA Management Corp., etc., petitioner, v New York State Division of Human Rights, respondent. (Proceeding No. 1) In the Matter of New York State Division of Human Rights, petitioner, v ESNA Management Corp., etc., respondent. (Proceeding No. 2) (Index No. 523413/17)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated May 20, 2019, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by New York State Division of Human Rights, inter alia, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of its proceeding pursuant to Executive Law § 298, transferred to this Court by order of the Supreme Court, Kings County, dated May 11, 2018, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Cross motion by ESNA Management Corp., inter alia, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of its proceeding pursuant to Executive Law § 298, also transferred to this Court by the order dated May 11, 2018, which also was deemed dismissed pursuant to 22 NYCRR 1250.10(a).
Upon the papers filed in support of the motion and cross motion and the papers filed in relation thereto, it is
ORDERED that the motion and cross motion are denied.
RIVERA, J.P., LASALLE, BARROS and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court