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MATTER OF CARDONA v. CITY OF NEW YORK

82 A.D.2d 884 (1981)

In the Matter of Francisco Cardona, Jr., by Francisco Cardona, Sr., His Father and Natural Guardian, et al., Appellants, v. City of New York et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 22, 1981

Order reversed, on the law, with $50 costs and disbursements, and respondents' motion is denied as untimely.

Respondents' motion for "reconsideration, and renewal" was, in reality, a motion for reargument, no new matter having been presented which was unavailable to respondents prior to the order dated November 3, 1977 (see Matter of Samson v County of Nassau, 78 A.D.2d 657). As such, the motion was clearly untimely since...

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