Opinion
2021-73810 Motion 2019-01659 KC
10-21-2021
Robert Cristiano, Jr., Appellant, v. York Hunter Services, Inc., Respondent.
Unpublished Opinion
MOTION DECISION
THOMAS P. ALIOTTA, P.J. WAVNY TOUSSAINT DONNA-MARIE GOLIA, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Civil Court of the City of New York, Kings County, entered May 28, 2019. The order, insofar as appealed from, denied appellant's cross motion for leave to renew its prior motion for leave to serve an amended bill of particulars.
On the court's own motion, it is
ORDERED that the appeal is dismissed, as the issues raised on this appeal could have been raised on appellant's prior appeal from the order denying plaintiff's prior motion for leave to serve an amended bill of particulars (see Rubeo v National Grange Mut. Ins. Co., 93 N.Y.2d 750 [1999]; Bray v Cox, 38 N.Y.2d 350 [1976]; Gammal v La Casita Milta, 278 A.D.2d 364 [2000]).