Upon the papers filed in support of the motions and the papers submitted in opposition thereto, it is
Ordered that the motion for leave to appeal is denied; and it is further,
Ordered that the motion for leave to reargue is granted; and it is further,
Ordered that upon reargument, the decision and order of this Court dated June 10, 2002 (see J.W. Mays, Inc. v State of New York,
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