Opinion
Motion No: 2017-01219 KC
10-30-2020
Compas Medical, P.C., as Assignee of Jean, Benson, Appellant, v. Omni Indemnity Company, Respondent.
THOMAS P. ALIOTTA
BERNICE D. SIEGAL, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Civil Court of the City of New York, Kings County, entered November 2, 2016, which was affirmed by decision and order of this court dated December 21, 2018. Motion by appellant for leave to reargue its opposition to the court's motion to impose sanctions upon its counsel, The Rybak Firm, PLLC, pursuant to 22 NYCRR 130-1.1 (c), which was granted by decision and order on motion dated November 21, 2019, or, in the alternative, for leave to appeal to the Appellate Division from the decision and order of this court dated November 21, 2019.
Upon the papers filed in support of the motion and the papers having been filed in opposition thereto, it is
ORDERED that the motion is denied as it is untimely (see CPLR 2221 [d] [3]; 5513).
While we may exercise our discretion and overlook appellant's failure to move for leave to reargue in a timely manner (see CPLR 2004; HSBC Bank USA, N.A. v Halls, 98 AD3d 718, 721 [2012]), we decline to do so. We note that, were we to consider the merits of appellant's motion, we would deny it (see e.g. Compas Med., P.C., as Assignee of Sanon, Ernso v Omni Indem. Co., 2020 NY Slip Op _____[U] [appeal No. 2017-712 K C], decided herewith).
PESCE, P.J., taking no part.
ENTER:
Paul Kenny
Chief Clerk