In re Callahan

Motion by the appellant for reargument of an appeal from an order and judgment (one paper) of the Supreme Court, Queens County (Kassoff, J.), dated May 10, 1996, which was determined by decision and order of this Court dated May 27, 1997.

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

*416Ordered that the motion is granted, and upon reargument it is,

Ordered that the decision and order of this Court dated May 27, 1997 (239 AD2d 574) is recalled and vacated, and the following decision and order is substituted therefor.

In a proceeding pursuant to…