Upon the papers filed in support of the motions and the application and the papers filed in opposition thereto, it is
Ordered that the application is granted and the motion by the former attorney for the respondent to clarify the decision and order of this Court dated December 23, 2008 is dismissed; and it is further,
Ordered that the motion for leave to reargue is granted to the extent that the decision and order of this Court dated December 23, 2008 (
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