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MATTER OF SURDO v. LEVITTOWN PUBLIC SCHOOL DISTRICT

41 A.D.3d 486 (2007)

837 N.Y.S.2d 315

In the Matter of MICHELLE SURDO et al., Respondents, v. LEVITTOWN PUBLIC SCHOOL DISTRICT, Appellant.

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

Decided June 5, 2007.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court providently exercised its discretion in, in effect, granting that branch of the petitioners' motion which was for leave to renew (see CPLR 2221 [e] [2]). While the facts asserted in the infant petitioner's affidavit were available at the time that the original petition was served, the rule requiring that new facts presented on a motion for leave to renew must be unavailable...

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