Opinion
8427 M–4168 Index 251751/14
02-19-2019
IN RE James PETTUS, Petitioner–Appellant, Charlene Thompson, Petitioner, v. Board of Directors, et al., Respondents–Respondents.
James Pettus, appellant pro se. Boyd Richards Parker & Colonnelli, P.L., New York (Bryan J. Mazzola of counsel), for respondents.
James Pettus, appellant pro se.
Boyd Richards Parker & Colonnelli, P.L., New York (Bryan J. Mazzola of counsel), for respondents.
Richter, J.P., Manzanet–Daniels, Kapnick, Gesmer, Oing, JJ.
Judgment (denominated an order), Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered on or about March 28, 2017, striking the note of issue and dismissing with prejudice the proceeding brought pursuant to CPLR article 78 to annul respondent coop board's determination, dated December 9, 2014, which increased coop maintenance by 9%, unanimously affirmed, with costs.
The issues decided in the order on appeal, i.e., petitioner Pettus's standing to bring this proceeding and the application of the business judgment rule to the coop board's decision to raise the maintenance by 9%, were decided in a prior order of the same court and Justice, entered September 28, 2015, which was law of the case and properly adhered to by the court (see Mohamed v. Defrin, 45 A.D.3d 252, 844 N.Y.S.2d 265 [1st Dept. 2007], lv dismissed 11 N.Y.3d 783, 866 N.Y.S.2d 605, 896 N.E.2d 91 [2008] ).
Petitioner's remaining arguments are without merit.
M–4168 – Pettus v. Board of Directors
Motion granted to the extent of restraining and enjoining petitioners from filing any papers in this court that have any relation to this matter without prior leave of this Court. Any violation of this order may subject petitioners to an award of additional sanctions or attorneys fees.