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223-225 West 10th Street Equities, LLC v. Albert Stokes

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT


April 21, 2011

223-225 WEST 10TH STREET EQUITIES, LLC,
PETITIONER-LANDLORD-TENANT,
v.
ALBERT STOKES,
RESPONDENT-TENANT-APPELLANT.

Tenant appeals from an order of the Civil Court of the City of New York, New York County (Arlene H. Hahn, J.), dated July 26, 2010, which denied tenant's motion for leave to renew a prior order dated April 9, 2010, in a nonpayment summary proceeding.

Per curiam.

223-225 W. 10th St. Equities, LLC v Stokes

Decided on April 21, 2011

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This opinion is uncorrected and will not be published in the printed Official Reports.

PRESENT: Hunter, Jr., J.P., Schoenfeld, Torres, JJ

Appeal from order (Arlene H. Hahn, J.), dated July 26, 2010, which denied tenant's motion denominated as one for renewal, deemed to be one from an order denying reargument, and as so considered, dismissed, without costs.

Tenant's motion, though denominated as a motion for leave to renew, was not based upon either a change of law or new facts which were unavailable at the time (see CPLR 2221[e][2]), but was, in reality, one for leave to reargue the prior determination, the denial of which is non-appealable (see CPLR 2221[d]; D'Andrea v Hutchins, 69 AD3d 541 [2010]; Stratakis v Ryjov, 66 AD3d 411 [2009]; Parker v Marglin, 56 AD3d 374, 374-375 [2008]), requiring dismissal of the appeal. In any event, tenant failed to demonstrate any basis upon which to disturb the so-ordered stipulation of settlement, as subsequently amended (see Hallock v State of New York, 64 NY2d 224, 230 [1984]; Chelsea 19 Assoc. v James, 67 AD3d 601, 602 [2009]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Decision Date: April 21, 2011

20110421

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