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 is denied; and it is further,
Ordered that the branch of the motion which is for reargument is granted, and upon reargument, it is
Ordered that the unpublished decision and order of this Court dated September 30, 1996, is recalled and vacated and the following decision...
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