Opinion
Motion No. 2020-00230 SC
08-17-2023
Robert Liere & John Liere, Appellants, v. Alan E. Fricke Mems., Inc. & Herman Liere, Respondents.
Unpublished Opinion
MOTION DECISION
JERRY GARGUILO, J.P. ELIZABETH H. EMERSON HELEN VOUTSINAS, JJ.
DECISION & ORDER ON MOTION
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.