Legal Opinion

In re the Arbitration between Barnes & Council 82, AFSCME

Appellate Division of the Supreme Court of the State of New York

Decided January 16, 1997PublishedCited by 14 opinions

1Opinion of the CourtCasey, J.

Appeal from an order of the Supreme Court (Dawson, J.), entered June 13,1996 in Schenectady County, which, in an application pursuant to CPLR 7503, denied petitioner’s motion for reargument.

It is well settled that no appeal lies from the denial of a motion to reargue (see, Misek-Falkoff v Village of Pleasantville, 207 AD2d 332, 333; Donnelly v Donnelly, 114 AD2d 671, 672, lv dismissed 67 NY2d 607). It is equally well settled that a motion based upon an intervening change in the law is a motion to reargue, not to renew, and therefore must be brought within the time to appeal (see, Siegel,…

2Cases cited6 opinions

  1. In re HuieNew York Court of Appeals · 1967
  2. Cabrini Medical Center v. DesinaNew York Court of Appeals · 1985
  3. Foley v. RocheAppellate Division of the Supreme Court of the State of New York · 1982
  4. Misek-Falkoff v. Village of PleasantvilleAppellate Division of the Supreme Court of the State of New York · 1994
  5. Donnelly v. DonnellyAppellate Division of the Supreme Court of the State of New York · 1985

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3Cited by14 opinions

  1. Glicksman v. Board of Education/Central School Board of Comsewogue Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2000
  2. Bray v. GluckAppellate Division of the Supreme Court of the State of New York · 1997
  3. State v. Gruzen PartnershipAppellate Division of the Supreme Court of the State of New York · 1997
  4. Millar v. TollyAppellate Division of the Supreme Court of the State of New York · 1998
  5. Pravda v. New York State Department of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 2001

9 more not listed; retrieve them via the Exa API.

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