Appellate Division: Second Judicial Department

M162565

S/nl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS

SHERI S. ROMAN, JJ.

2011-10852 Palma Giambona, et al., respondents, v George L. Hines, etc., et al., defendants, Nicholas Raio, etc., appellant. (Index No. 7819/07)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated September 4, 2013, in the above-entitled appeal is recalled and vacated and the following decision and order on motion is substituted therefor:

Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Nassau County, entered September 21, 2011, which was determined by decision and order of this Court dated March 20, 2013, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to appeal to the Court of Appeals from the decision and order of this Court dated March 20, 2013, is denied; and it is further,

ORDERED that the branch of the motion which is for reargument is granted to the extent that the decision and order of this Court dated March 20, 2013, is amended by adding the following final paragraph to Page 2:

"The appellant's remaining contention is without merit.",

and that branch of the motion is otherwise denied.

RIVERA, J.P., ANGIOLILLO, CHAMBERS and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court