Independence Party State Committee v. Berman

Motion by the petitioners-respondents to resettle an unpublished decision and order of this Court dated September 9, 2005, which determined an appeal from a judgment of the Supreme Court, Nassau County, dated September 7, 2005.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

Ordered that the motion is granted and, upon resettlement, the unpublished decision and order of this Court dated September 9, 2005, is recalled and vacated, and the following decision and order is substituted therefor:

In a proceeding, inter alia, pursuant to CPLR article 78…