Narrative Opinion Summary
In a recent judicial opinion, the court addressed a motion for reargument of an appeal, which was granted in part. The original memorandum and order dated November 15, 2013, were amended to confirm the determination without costs and dismiss the petition. The court clarified that the petitioner's arguments concerning the dismissal of declaratory judgment causes were not properly before it due to procedural constraints under CPLR 7804(g). It was highlighted that the petitioner failed to perfect an appeal from the order and judgment, thus abandoning the appeal under CPLR 5525 et seq., as it was not perfected within the requisite nine-month period as per 22 NYCRR 1000.12(b). Nevertheless, the court noted that a motion to vacate this dismissal could be filed within one year from the date of dismissal in accordance with 22 NYCRR 1000.13(g). The decision was rendered with the participation of judges Smith, J.E., Centra, Fahey, Carni, and Whalen, JJ., underscoring procedural adherence and timelines in appellate proceedings.
Legal Issues Addressed
Abandonment of Appealsubscribe to see similar legal issues
Application: The court indicated that the petitioner failed to perfect an appeal from the order and judgment, leading to its dismissal as abandoned.
Reasoning: The petitioner has failed to perfect an appeal from the order and judgment, which is necessary to bring those arguments before the Court (see CPLR 5525 et seq.).
Declaratory Judgment in Transferred Proceedingssubscribe to see similar legal issues
Application: The court clarified that the petitioner's arguments about the dismissal of declaratory judgment causes are not properly before the court due to procedural issues under CPLR 7804(g).
Reasoning: Additionally, the second paragraph of the memorandum has been revised to clarify that the petitioner’s arguments regarding the dismissal of his declaratory judgment causes of action are not appropriately before the Court due to the nature of the transferred proceeding under CPLR 7804(g).
Motion to Vacate Dismissal of Appealsubscribe to see similar legal issues
Application: An appeal can be dismissed as abandoned if not perfected within nine months, but a motion to vacate such dismissal is permissible within one year.
Reasoning: It is noted that an appeal is considered abandoned and dismissed if not perfected within nine months of the notice of appeal (22 NYCRR 1000.12[b]), but a motion to vacate this dismissal can be filed within one year from the date of dismissal (22 NYCRR 1000.13[g]).
Reargument of Appealsubscribe to see similar legal issues
Application: The court partially granted the motion for reargument of the appeal, leading to amendments in the original memorandum and order.
Reasoning: The motion for reargument of the appeal has been granted in part. The memorandum and order from November 15, 2013, is amended by replacing the original ordering paragraph, confirming the determination unanimously without costs, and dismissing the petition.