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Samson v. County of Nassau

78 A.D.2d 657, 434 N.Y.S.2d 656, 1980 N.Y. App. Div. LEXIS 13150
CourtAppellate Division of the Supreme Court of the State of New York
DecidedOctober 14, 1980
StatusPublished
Cited by6 cases

This text of 78 A.D.2d 657 (Samson v. County of Nassau) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Samson v. County of Nassau, 78 A.D.2d 657, 434 N.Y.S.2d 656, 1980 N.Y. App. Div. LEXIS 13150 (N.Y. Ct. App. 1980).

Opinion

a proceeding pursuant to section 50-e 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 AD2d 862, mot for lv to app den 40 NY2d 806; see, also, Foley v Roche, 68 AD2d 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.

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Bluebook (online)
78 A.D.2d 657, 434 N.Y.S.2d 656, 1980 N.Y. App. Div. LEXIS 13150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/samson-v-county-of-nassau-nyappdiv-1980.