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MATTER OF PASANELLA v. QUINN

7950N. 650198/12.

167 A.D.3d 554 (2018)

88 N.Y.S.3d 871

2018 NY Slip Op 09028

In the Matter of Marco Pasanella et al., Appellants, v. James Quinn, Respondent, et al., Respondent.

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

Decided December 27, 2018.

Although denominated a motion to vacate, petitioners' motion is in fact a motion to reargue respondent's cross motion to dismiss the petition (see Johnson v Banner Intl. Corp., 125 A.D.3d 498 [1st Dept 2015]). No appeal lies from the denial of a motion for reargument.

Given petitioners' failure to explain why they waited more than three years after the validity of service on Quinn was placed in issue to seek an extension...

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