In re the Claim of Ruggerio

Motion for reconsideration.

Upon the papers filed in support of the motion, and no papers having been filed in opposition thereto, it is

Ordered that the motion is granted, without costs, unpublished decision and order dated and entered December 3, 1998 is vacated and the appeal will be restored to the Court’s calendar for further consideration.

Mercure, J. P., Peters, Spain and Graffeo, JJ., concur.