ON MOTION
Motion for permission to proceed as a poor person.
Motion for reargument or, in the alternative, for permission to appeal to the Court of Appeals.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion for permission to proceed as a poor person is granted, without costs, to the extent that the filing fee required by CPLR 8022 is waived, and it is further
ORDERED that the motion for reargument is granted, without costs, and the memorandum and order decided and entered June 8, 2006 is vacated and the following memorandum and order is substituted therefor, and it is further
ORDERED that the motion for permission to appeal to the Court of Appeals is denied, without costs, as academic.