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IN THE MATTER OF HOOVER v. DERRY

3 A.D.3d 659 (2004)

769 N.Y.S.2d 914

In the Matter of AZIZZA HOOVER, Appellant, v. ALAN DERRY, as Superintendent of the New Paltz Central School District, et al., Respondents.

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

January 27, 2004.

Mugglin, J.

Following Supreme Court's dismissal of this proceeding for lack of jurisdiction due to petitioner's failure to comply with CPLR 304, petitioner moved pursuant to CPLR 2221 (a) to "modify" the order, requesting reinstatement of the proceeding nunc pro tunc principally on grounds of law office failure. Supreme Court denied the motion, characterizing it as one for reargument. Petitioner appeals from this order.

The motion to "modify" the prior order...

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