Oparaji v Alabi

[*1] Oparaji v Alabi 2013 NY Slip Op 50641(U) Decided on April 18, 2013 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on April 18, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Hunter, Jr., Torres, JJ
570069/13.

Maurice Oparaji, Plaintiff-Appellant, - -

against

Remi Alabi, Ngozi Nwauwa, United Home Mortgage, Inc., United Home Mortgage Company, Defendants-Respondents.

Plaintiff appeals from (1) an order of the Civil Court of the City of New York, New York County (Arlene P. Bluth, J.), dated July 16, 2012, which denied his motion to vacate a prior order dismissing the complaint without prejudice, and (2) an order (same court and Judge), dated July 18, 2012, which denied his recusal motion.

Per Curiam.

Orders (Arlene P. Bluth, J.), dated July 16, 2012 and July 18, 2012, respectively, affirmed, without costs.

Plaintiff's motion to vacate the May 15, 2007 order dismissing the complaint without prejudice was properly denied, where this Court has already affirmed the order on a prior appeal (see Oparaji v United Home Mtge., Inc., 29 Misc 3d 126[A], 2010 NY Slip Op 51660[U][App Term, 1st Dept 2010]) and where plaintiff has neither claimed nor shown any basis under CPLR 5015(a) for us to reexamine the propriety of the underlying order. Nor did the court abuse it discretion in denying plaintiff's recusal motion.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: April 18, 2013