Cruz v New York City Dept. of Educ.

Cruz v New York City Dept. of Educ. 2012 NY Slip Op 02051 Decided on March 20, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 20, 2012
Andrias, J.P., Sweeny, Moskowitz, Freedman, Manzanet-Daniels, JJ. 7135-
117004/08

[*1]7135A Josefina Cruz, Plaintiff-Appellant,

v

New York City Department of Education, Defendant-Respondent.




Josefina Cruz, appellant pro se.
Michael A. Cardozo, Corporation Counsel, New York (Janet L.
Zaleon of counsel), for respondent.

Appeal from order, Supreme Court, New York County (Saliann Scarpulla, J.), entered January 7, 2010, which granted defendant's motion to dismiss the complaint seeking to vacate the arbitration award in defendant's favor, unanimously dismissed, without costs, as untimely. Appeal from order, same court and Justice, entered November 19, 2010, which denied plaintiff's motion to renew and reargue the January 7, 2010 order, deemed to be an order denying a motion to reargue only, and, so considered, the appeal therefrom unanimously dismissed, without costs, as taken from a nonappealable order.

The appeal from the January 7, 2010 order was untimely (CPLR 5513[a]). As to the November 19, 2010 order, although plaintiff's motion was denominated as one for renewal and reargument, it was solely for reargument and was treated as such by the motion court (see Stratakis v Ryjov, 66 AD3d 411 [2009]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 20, 2012

CLERK