Miner v. Long Island Lighting Co. (40 N.Y.2d 842, 1976)

Motion for permission to apply to the Appellate Division for resettlement of that court’s order herein, and for a stay, etc., granted to the extent said application may be made no later than 20 days from the date hereof, and the Court of Appeals’ order directing a new trial is stayed pending determination of such application by the Appellate Division; motion otherwise denied without prejudice to a new motion for amendment of the Court of Appeals’ remittitur in the event of a resettlement by the Appellate Division of its order. In granting this relief, we neither have nor express a position on the motion for resettlement, the merits of which, of course, are solely for consideration by the Appellate Division. [See 40 NY2d 372.]