Hoover v. Derry

Appeal from an order of the Supreme Court (Connor, J.), entered October 21, 2002 in Ulster County, which, in a proceeding pursuant to CPLR article 78, denied petitioner’s motion for reconsideration.

Following Supreme Court’s dismissal of this proceeding for lack of jurisdiction due to petitioner’s failure to comply with CPLR 304, petitioner moved pursuant to CPLR 2221 (a) to “modify” the order, requesting reinstatement of the proceeding nunc pro tunc principally on grounds of law office failure. Supreme Court denied the motion, characterizing it as one for reargument. Petitioner appeals from…