Opinion
8495 Index 260114/17
02-26-2019
IN RE Myrna VAZQUEZ as Administratrix of the Estate of Luis Vazquez, Deceased, etc., Petitioner–Appellant, v. Howard A. ZUCKER, M.D., etc., et al., Respondents–Respondents.
Law Office of Sandra M. Prowley & Associates LLC, Bronx (Sandra M. Prowley of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Jamison Davies of counsel), for City of New York respondents. Barbara D. Underwood, Attorney General, New York (Joshua M. Parker of counsel), for State respondents.
Law Office of Sandra M. Prowley & Associates LLC, Bronx (Sandra M. Prowley of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Jamison Davies of counsel), for City of New York respondents.
Barbara D. Underwood, Attorney General, New York (Joshua M. Parker of counsel), for State respondents.
Sweeny, J.P., Manzanet–Daniels, Webber, Oing, Singh, JJ.
In support of petitioner's motion to renew and reargue, she failed to allege any new or previously unavailable facts ( CPLR 2221[e][2] ). Accordingly, petitioner's motion was solely one to reargue, the denial of which is not appealable (see Lichtman v. Mount Judah Cemetery, 269 A.D.2d 319, 320, 705 N.Y.S.2d 23 [1st Dept. 2000], lv dismissed in part and denied in part 95 N.Y.2d 860, 714 N.Y.S.2d 704, 737 N.E.2d 946 [2000] ). Because she did not appeal from the order that granted respondents' motions to dismiss the proceeding as time-barred, petitioner's arguments addressed to that determination are not properly before us (see D'Andrea v. Hutchins, 69 A.D.3d 541, 892 N.Y.S.2d 761 [1st Dept. 2010] ).