IN RE: STATE OF NEW YORK, PETITIONER–RESPONDENT, v. LERRYL SMITH, RESPONDENT–APPELLANT. (APPEAL NO. 2.)
MEMORANDUM AND ORDER
It is hereby ORDERED that said appeal from the order insofar as it denied leave to reargue is unanimously dismissed and the order is affirmed without costs.
Same memorandum as in Matter of State of New York v. Smith ( [appeal No. 1] _ AD3d _ [Dec. 23, 2016] ).
Frances E. Cafarell
Clerk of the Court