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In re Arnold

Supreme Court of New York, First Department

October 8, 2013

In re Andrew Arnold, Petitioner-Appellant,
v.
New York State Division of Human Rights, Respondent, Beth Abraham Health Services, Inc., et al., Respondents-Respondents.

Andrew Arnold, appellant pro se.

Jones Day, New York (Terri L. Chase of counsel), for respondents.

Gonzalez, P.J., Mazzarelli, Andrias, DeGrasse, JJ.

Order, Supreme Court, Bronx County (Kibbie F. Payne, J.), entered April 4, 2012, which denied petitioner's motion to amend the caption on this CPLR article 78 proceeding, unanimously affirmed, without costs.

Given that this Court previously determined that the proceeding had been properly dismissed (70 A.D.3d 605 [2010]), Supreme Court properly denied as moot petitioner's motion to amend the caption to reflect a change in the corporate name of respondent Beth Abraham Health Services, Inc.

Petitioner never filed notices of appeal from orders, entered in June and August 2012, denying his motions to reopen the proceeding. Further, we do not have the authority to deem petitioner's notice of appeal from the April 2012 order as an application for leave to appeal from the June and August 2012 orders (see CPLR 5520). The statutory time limit for seeking permission to appeal from the latter orders has expired (see CPLR 5513[b]; Matter of Haverstraw Park v Runcible Props. Corp., 33 N.Y.2d 637 [1973]). In addition, the April 2012 order does not involve the same relief as the June and August 2012 orders (cf. Gutman v Savas, 17 A.D.3d 278, 278-279 [1st Dept 2005]).


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