Narrative Opinion Summary
The motion for renewal seeking leave to appeal from the Appellate Division order is denied. Additionally, the motion, when treated as a request for leave to appeal from the final judgment under CPLR 5602 (a)(1)(ii), is dismissed. This dismissal is based on the movant's failure to demonstrate the required timeliness as stipulated by section 500.11 (d)(1)(iii) of the Rules of the Court of Appeals (22 NYCRR 500.11 [d][1][iii]).
Legal Issues Addressed
Denial of Motion for Renewal Seeking Leave to Appealsubscribe to see similar legal issues
Application: The court denied the motion for renewal seeking leave to appeal from the Appellate Division order.
Reasoning: The motion for renewal seeking leave to appeal from the Appellate Division order is denied.
Dismissal of Motion for Leave to Appeal from Final Judgmentsubscribe to see similar legal issues
Application: The court dismissed the motion, treating it as a request for leave to appeal from the final judgment under CPLR 5602 (a)(1)(ii), due to untimeliness.
Reasoning: Additionally, the motion, when treated as a request for leave to appeal from the final judgment under CPLR 5602 (a)(1)(ii), is dismissed.
Timeliness Requirement under Court of Appeals Rulessubscribe to see similar legal issues
Application: The dismissal was based on the movant's failure to demonstrate the required timeliness as per the court's rules.
Reasoning: This dismissal is based on the movant's failure to demonstrate the required timeliness as stipulated by section 500.11 (d)(1)(iii) of the Rules of the Court of Appeals (22 NYCRR 500.11 [d][1][iii]).