Logrono v. Gonzalez

Full title: JULIO LOGRONO AND ONFALIA LOGRONO, Plaintiffs-Appellants, v. MICHELE…

Court: Appellate Term of the Supreme Court of New York, First Department

Date published: Jan 14, 2011

2011 N.Y. Slip Op. 50038 (N.Y. App. Term 2011)

Opinion

570582/10.

Decided January 14, 2011.

Plaintiffs appeal from an order of the Civil Court of the City of New York, Bronx County (Nelida Malave-Gonzalez, J.), dated June 16, 2009, which denied their motion to partially "restore" the action to the trial calendar.

Order (Nelida Malave-Gonzalez, J.), dated June 16, 2009, affirmed, without costs.

PRESENT: Schoenfeld, J.P., Hunter, Jr., Torres, JJ.

PER CURIAM.

Plaintiffs' motion was, in effect, an untimely motion to reargue prior, unappealed orders ( see Kean v Phelps, 186 AD2d 368). Moreover, plaintiffs demonstrated no basis upon which to vacate either of the prior orders ( see generally CPLR 5015). Therefore, Civil Court properly denied the motion.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.