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Matter of Samson v. County of Nassau

Appellate Division of the Supreme Court of New York, Second Department
Oct 14, 1980
78 A.D.2d 657 (N.Y. App. Div. 1980)

Opinion

October 14, 1980


In a proceeding pursuant to section 50-e Gen. Mun. of the General Municipal Law for leave to serve a late notice of claim, petitioners appeal from an order of the Supreme Court, Nassau County, dated February 22, 1980, which denied their motion "for leave to renew" a prior order of the same court, dated January 11, 1980, which had denied their application. Appeal dismissed, without costs or disbursements. Petitioners' motion for renewal was, in reality, a motion for reargument, as no new matter was presented therein which was unavailable to the petitioners prior to the order dated January 11, 1980 (see Matter of Dowling v Bowen, 53 A.D.2d 862, mot for lv to app den 40 N.Y.2d 806; see, also, Foley v. Roche, 68 A.D.2d 558, 568). It is axiomatic that an order denying a motion for leave to reargue is not appealable. Damiani, J.P., Gulotta, Martuscello and O'Connor, JJ., concur.


Summaries of

Matter of Samson v. County of Nassau

Appellate Division of the Supreme Court of New York, Second Department
Oct 14, 1980
78 A.D.2d 657 (N.Y. App. Div. 1980)
Case details for

Matter of Samson v. County of Nassau

Case Details

Full title:In the Matter of ELISA SAMSON et al., Appellants, v. COUNTY OF NASSAU et…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 14, 1980

Citations

78 A.D.2d 657 (N.Y. App. Div. 1980)

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