| Matter of National Fuel Gas Supply Corp. v Oprea |
| 2020 NY Slip Op 04124 [185 AD3d 1481] |
| July 17, 2020 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of National Fuel Gas Supply Corporation,
Respondent, v Emily R. Oprea et al., as Trustees for The Roderick Family Trust, Appellants, et al., Respondents. (Appeal No. 2.) |
Motion insofar as it seeks leave to reargue is deemed a motion seeking leave to renew (see CPLR 2221 [e] [2]; Baluk v New York Cent. Mut. Fire Ins. Co., 126 AD3d 1426, 1426-1427 [4th Dept 2015]), the motion is granted and, upon renewal, the memorandum and order entered January 31, 2020 (179 AD3d 1454 [2020]) is amended by deleting the ordering paragraph and substituting the following ordering paragraph: "It is hereby ordered that the order so appealed from is unanimously affirmed without costs (see Matter of National Fuel Gas Supply Corp. v Schueckler, 35 NY3d 297 [June 25, 2020])." Present—Centra, J.P., Peradotto, Lindley, NeMoyer and Bannister, JJ.