Opinion
2021-51244
12-16-2021
S & H Clinton Associates, LLC, Respondent, v. Tyrone Cherry, Appellant.
Tyrone Cherry, appellant pro se. Horing, Welikson & Rosen P.C. (Randi Beth Gilbert of counsel), for respondent (no brief filed).
Unpublished Opinion
Tyrone Cherry, appellant pro se.
Horing, Welikson & Rosen P.C. (Randi Beth Gilbert of counsel), for respondent (no brief filed).
PRESENT: TERRY JANE RUDERMAN, P.J., JERRY GARGUILO, HELEN VOUTSINAS, JJ
Appeal from an order of the District Court of Nassau County, First District (Scott Fairgrieve, J.), dated October 29, 2019. The order denied tenant's motion for, in effect, leave to reargue his motion made upon alleged newly-discovered evidence to "[r]e-open [the] case" in a nonpayment summary proceeding.
ORDERED that the appeal is dismissed.
In this nonpayment proceeding to recover possession of a rent-stabilized apartment, by order dated December 14, 2018, the District Court denied tenant's postjudgment motion to "[r]e-open [the] case" based on purported newly-discovered evidence regarding the service of the rent notice, the notice of petition and the petition. Tenant then moved for, in effect, leave to reargue that prior motion and now appeals from an order of the District Court dated October 29, 2019, wherein the District Court denied tenant's motion. However, it is well settled that no appeal lies from an order denying reargument (see U.S. Bank N.A. v McCaffery, 186 A.D.3d 897, 899 [2020]; Liang v Yi Jing Tan, 155 A.D.3d 1022, 1023 [2017]).
Accordingly, the appeal is dismissed.
RUDERMAN, P.J., and VOUTSINAS, J., concur.
GARGUILO, J., taking no part.