Dawes v. State

OPINION OF THE COURT

Alan C. Marin, J.

Defendant argues that claimant’s motion is procedurally flawed, since it is a motion for leave to reargue under CPLR 2221 and was not made within 30 days of service with notice of entry as required by subdivision (d) (3) of CPLR 2221. CPLR 2221 covers prior orders. The dismissal here was after a trial and hence governed by CPLR 4404 (b), which provides that following a bench trial, the court, by its own initiative or in response to a motion from either party, may set aside its decision and make new findings of fact or conclusions of law.

*618Inmate Dawes, on…