MATTER OF DAUER v. PRUDENTIAL INSURANCE CO

In the prior decision and order of this Court, entered March 27, 1997 ( Matter of Dauer v. Prudential Ins. Co., 228 A.D.2d 237), it was specifically determined that the information sought by plaintiffs in connection with the instant motion was relevant and discoverable. This Court's denial of resettlement or clarification of that prior decision and order was not addressed to the substantive issues raised by plaintiff in connection with the motion ( see, Foley v. Roche, 68 A.D.2d 558, 566). Appellant's present attempt to use our prior decision and order to limit discovery is, accordingly, without basis.

Concur — Milonas, J. P., Williams, Mazzarelli and Andrias, JJ.