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MATTER OF CRUZ v. D'EMIC

2021-01995.

194 A.D.3d 927 (2021)

144 N.Y.S.3d 397

2021 NY Slip Op 03175

In the Matter of Nelson Cruz, Petitioner, v. Matthew D'Emic et al., Respondents.

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

Decided May 19, 2021.

Attorney(s) appearing for the Case

Justin C. Bonus , Forest Hills, NY, for petitioner.

Eric Gonzalez, District Attorney, Brooklyn, NY (Camille O'Hara Gillespie and Leonard Joblove of counsel), nonparty pro se.

Dillon, J.P., Austin, Barros and Iannacci, JJ., concur.

Ordered that the application is denied; and it is further,

Adjudged that the petition is granted, on the law, without costs or disbursements, to the extent that the matter is remitted to the Supreme Court, Kings County, for a written order determining the petitioner's motion for leave to reargue his prior motion pursuant to CPL 440.10, filed by the petitioner in the action entitled People v Cruz, commenced in that court

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