| Robert Liere & John Liere v Alan E. Fricke Mems., Inc. & Herman Liere |
| Motion No: 2020-00230 SC |
| Slip Opinion No: 2023 NY Slip Op 72116(U) |
| Decided on August 17, 2023 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th Judicial Districts
JERRY GARGUILO, J.P.
ELIZABETH H. EMERSON
HELEN VOUTSINAS, JJ.
DECISION & ORDER ON MOTION
| Robert Liere and John Liere, Appellants, v Alan E. Fricke Memorials, Inc. and Herman Liere, Respondents. |
Motion by appellants for leave to reargue an appeal from an order of the County Court of Suffolk County, dated December 16, 2019, which was determined in a decision and order of this court dated March 18, 2021, or, in the alternative, for leave to appeal to the Appellate Division from this court's decision and order.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of appellants' motion seeking leave to reargue is granted and, upon reargument, the decision and order of this court dated March 18, 2021 (71 Misc 3d 41) is recalled and vacated, and a new decision and order substituted therefor (see appeal No. 2020-230 S C, decided simultaneously herewith); and it is further,
ORDERED that the branch of appellants' motion seeking leave to appeal to the Appellate Division is denied as academic.
VOUTSINAS, J., taking no part.
ENTER:
Paul Kenny
Chief Clerk