Appellate Division of the Supreme Court of New York, 2016

Hamilton v. Alley

Appellate Division of the Supreme Court of New York · Decided October 7, 2016 · Carni, Centra, Peradotto, Smith, Whalen

143 A.D.3d 1235; 38 N.Y.S.3d 493

Cases that cite this one

1 later published case cites this decision.

Lewis v. City of Rochester (Appellate Division of the Supreme Court of New York 2017)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Appeal from an order of the Supreme Court, Onondaga County (Donald A. Green*1236wood, J.), entered June 25, 2015 in a proceeding pursuant to CPLR article 75. The order denied petitioner’s motion for leave to renew the amended petition.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: Petitioner commenced this CPLR article 75 proceeding challenging his termination as a tenured administrator of the Jordan-Elbridge Central School District. On a prior appeal, we modified an order denying the amended petition by granting the amended petition in part (Matter of Hamilton v Alley, 137 AD3d 1564, 1565 [2016]). Petitioner now appeals from an order denying his subsequent motion for leave to renew his amended petition. As Supreme Court properly concluded, petitioner failed in support of his motion to offer new facts that were unavailable when the court initially denied the amended petition. “Thus, . . . [petitioner’s] motion purportedly seeking leave to renew was actually seeking leave to reargue, and no appeal lies from an order denying leave to reargue” (Hill v Milan, 89 AD3d 1458, 1458 [2011]; see Westrick v County of Steuben, 309 AD2d 1246, 1246-1247 [2003]). We therefore dismiss the appeal.

Present — Whalen, P.J., Smith, Centra, Peradotto and Carni, JJ.

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