Opinion
04-28-2016
In re Elaine WARD, Petitioner–Appellant, v. The CITY OF NEW YORK, et al., Respondents–Respondents.
Elaine D. Ward, appellant pro se. Zachary W. Carter, Corporation Counsel, New York (Richard Dearing of counsel), for respondents.
Elaine D. Ward, appellant pro se. Zachary W. Carter, Corporation Counsel, New York (Richard Dearing of counsel), for respondents.
Opinion
Order, Supreme Court, New York County (Donna M. Mills, J.), entered December 12, 2014, which denied petitioner's motion for leave to renew her motion to compel enforcement of an order of this Court, unanimously affirmed, without costs. Order, same court and Justice, entered April 20, 2015, which denied petitioner's motion f957—or a traverse hearing, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered October 24, 2014, which denied petitioner's motion to compel enforcement of an order of this Court, unanimously dismissed, without costs, as moot.
This proceeding, brought pursuant to CPLR article 78, has been finally determined by an order of the Court of Appeals dismissing the petition (23 N.Y.3d 1046, 992 N.Y.S.2d 781, 16 N.E.3d 1261 [2014], rearg. denied 24 N.Y.3d 1030, 997 N.Y.S.2d 681, 22 N.E.3d 189 [2014] ). Supreme Court correctly found that it lacked authority to overturn the order of the Court of Appeals (see Matter of McKenna v. County of Nassau, Off. of County Attorney, 61 N.Y.2d 739, 472 N.Y.S.2d 913, 460 N.E.2d 1348 [1984]; Brown v. Brown, 169 A.D.2d 487, 564 N.Y.S.2d 166 [1st Dept.1991]; Maracina v. Schirrmeister, 152 A.D.2d 502, 544 N.Y.S.2d 13 [1st Dept.1989] ).
Petitioner's appeal from the order denying her attempt to enforce an order of this Court was rendered moot by the Court of Appeals' reversal of this Court's order (111 A.D.3d 498, 975 N.Y.S.2d 29 [1st Dept.2013], revd. 23 N.Y.3d 1046, 992 N.Y.S.2d 781, 16 N.E.3d 1261 [2014] ).
ACOSTA, J.P., RENWICK, MANZANET–DANIELS, KAPNICK, GESMER, JJ., concur.