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MATTER OF RIVERDALE ESTATES v. STATE OF NEW YORK DIV. OF HOUS. & CMTY. RENEWAL

251 A.D.2d 239 (1998)

673 N.Y.S.2d 315

In the Matter of Riverdale Estates, Appellant, v. State of New York Division of Housing and Community Renewal et al., Respondents

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

June 25, 1998

Renewal was properly denied since petitioner's application was not based upon new factual matter excusably omitted from petitioner's original submissions (see, Foley v Roche, 68 A.D.2d 558, 568). Petitioner's claim that it did not submit reply papers on the original motion because it was unaware that the motion of respondent Division of Housing and Community Renewal, denominated as one to place the case on the calendar, also...

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