Opinion
7950N Index 650198/12
12-27-2018
In re Marco PASANELLA, et al., Petitioners–Appellants, v. James QUINN, Respondent–Respondent, Q Wines, LLC, Respondent.
Law Office of Ernest H. Gelman, New York (Ernest H. Gelman of counsel), for appellants. Sher Tremonte LLP, New York (Mark Cuccaro of counsel), for respondent.
Law Office of Ernest H. Gelman, New York (Ernest H. Gelman of counsel), for appellants.
Sher Tremonte LLP, New York (Mark Cuccaro of counsel), for respondent.
Friedman, J.P., Sweeny, Kapnick, Kahn, JJ.
Although denominated a motion to vacate, petitioners' motion is in fact a motion to reargue respondent's cross motionto dismiss the petition (see Johnson v. Banner Intl. Corp., 125 A.D.3d 498, 999 N.Y.S.2d 894 [1st Dept. 2015] ). No appeal lies from the denial of a motion for reargument.
Given petitioners' failure to explain why they waited more than three years after the validity of service on Quinn was placed in issue to seek an extension of time to serve him, we find that the interests of justice do not require that they be afforded additional time for service (see Jakobleff v. Jakobleff, 108 A.D.2d 725, 484 N.Y.S.2d 892 [2d Dept. 1985] ; Umana v. Sofola, 149 A.D.3d 1138, 1139–1140, 53 N.Y.S.3d 343 [2d Dept. 2017] ).
We have considered petitioners' remaining arguments and find them unavailing.