Thomas v. Borakove

Appeal from or*280der, Supreme Court, New York County (Kristin Booth Glen, J.), entered March 20, 1995, which denied petitioner’s motion to renew or reargue an order, same court and Justice, dismissing a CPLR article 78 proceeding that challenged respondent Medical Examiner’s denial of petitioner’s Freedom of Information Law request for autopsy reports, unanimously dismissed as taken from a nonappealable order, without costs.

The motion to renew or reargue which was based on an intervening decision of a court of coordinate jurisdiction, not new or additional facts, was properly treated by the IAS…