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REISMAN v. COLEMAN

226 A.D.2d 693 (1996)

641 N.Y.S.2d 690

Andrew Reisman et al., Plaintiffs, v. Cole L. Coleman, Defendant. (Matter No. 1.) In the Matter of Aetna Casualty & Surety Company, Appellant, v. Andrew Reisman, Respondent. (Matter No. 2.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 29, 1996

Ordered that, on the Court's own motion, the appellant's notice of appeal from the order dated December 22, 1994, which sua sponte recalled and vacated the order dated September 26, 1994, is treated as an application for leave to appeal, and leave to appeal from that order is granted (see, CPLR 5701 [c]); and it is further,

Ordered that the orders are reversed, on the law, with one bill of costs, and the order dated September 26, 1994, is reinstated...

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