Matter of People v. Rivera

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered August 27, 2013, which denied respondent Rivera’s motion to dismiss the petition, unanimously affirmed, without costs.

As the court noted in an order entered March 4, 2013, and in the order on appeal, the petition that Rivera seeks to have dismissed was decided by order entered May 23, 2005. Although Rivera appealed from the May 2005 order, the appeal was never perfected. Thus, this appeal is an improper attempt to relitigate the May 2005 order, and the time to seek reargument of that order has long since passed (see Servais…