Motion to vacate this Court’s July 14, 2008 dismissal order granted [see 10 NY3d 954 (2008)]. Motion for assignment of counsel granted and David Lazer, Esq., care of Lazer, Aptheker, Rosella & Yedid, P.C., Melville Law Center, 225 Old Country Road, Melville, New York 11747-2712 assigned as counsel to the appellant on the appeal herein.