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2013-1867 N C. DALE SCHIFFER and RAM RAVIV, res, v. SLOMIN’S, INC., app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Appeal from an order of the District Court of Nassau County, Fourth District (Gary Franklin Knobel, J.; op 40 Misc 3d 884), entered June 26, 2013. The order, insofar as appealed from as limited by the brief, (1) upon reargument, adhered to the portion of a prior determination that denied the branches of defendant’s prior motion seeking to stay so much of the action as was asserted by plaintiff Dale Schiffer and to compel plaintiff Dale Schiffer to proceed to arbitration, and (2) denied the branches of defendant’s motion, in effect, seeking to stay so much of the action as was asserted by plaintiff Ram Raviv and to compel plaintiff Ram Raviv to proceed to arbitration.

ORDERED that the order, insofar as appealed from, is modified by providing that, upon reargument, the branches of defendant’s motion seeking to stay so much of the action as was asserted by plaintiff Dale Schiffer and to compel plaintiff Dale Schiffer to proceed to arbitration are granted and, on the court’s own motion, plaintiff Dale Schiffer’s causes of action are severed from those of plaintiff Ram Raviv; as so modified, the order is affirmed, without costs.

 
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