Opinion
2001-09121
Argued September 17, 2002.
March 24, 2003.
In an action to recover damages for personal injuries, etc., the defendant Incorporated Village of Freeport appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (McCarty, J.), entered October 2, 2001, as granted the plaintiffs' motion, in effect, for leave to reargue and, upon reargument, vacated a prior order of the same court, dated June 8, 2000, granting its motion for summary judgment dismissing the complaint insofar as asserted against it, and denied that motion.
Montfort, Healy, McGuire Salley, Garden City, N.Y. (Kathleen M. Dumont and Donald S. Neumann, Jr., of counsel), for appellant.
Sullivan Papain Block McGrath Cannavo, P.C., New York, N.Y. (Stephen C. Glasser and Stefani R. Cardarelli of counsel), for respondents.
Before: DAVID S. RITTER, J.P., FRED T. SANTUCCI, GLORIA GOLDSTEIN, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, the motion is denied, and the order dated June 8, 2000, is reinstated.
The plaintiffs asserted no new or newly-discovered facts on their motion. Accordingly, the motion is properly denominated a motion for reargument (see Granato v. Waldbaum's, 289 A.D.2d 289).
The plaintiffs' motion for reargument was made well after the time to take an appeal from the order dated June 8, 2000, had expired. Accordingly, the motion for reargument was untimely (see Haughton v. F.W.D. Corp., 193 A.D.2d 781; Matter of Zahoudanis, 289 A.D.2d 411). The order dated June 8, 2000, was a final determination (see Burke v. Crosson, 85 N.Y.2d 10; Doe v. Community Health Plan-Kaiser Corp., 268 A.D.2d 183). Thus, the Supreme Court had no discretion to grant an untimely motion for reargument (cf. Matter of Budihas of Board of Educ. of City of N.Y., 285 A.D.2d 549; Matter of Estate of Burns, 228 A.D.2d 674).
RITTER, J.P., SANTUCCI, GOLDSTEIN and MASTRO, JJ., concur.