Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
Decided on January 14, 2011
PRESENT: Schoenfeld, J.P., Hunter, Jr., Torres, JJ
Plaintiffs appeal from an order of the Civil Court of the City of New York, Bronx County (Nelida Malave-Gonzalez, J.), dated June 16, 2009, which denied their motion to partially "restore" the action to the trial calendar.
Order (Nelida Malave-Gonzalez, J.), dated June 16, 2009, affirmed, without costs.
Plaintiffs' motion was, in effect, an untimely motion to reargue prior, unappealed orders (see Kean v Phelps, 186 AD2d 368 ). Moreover, plaintiffs demonstrated no basis upon which to vacate either of the prior orders (see generally CPLR 5015). Therefore, Civil Court properly denied the motion.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: January 14, 2011
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