SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
592
CA 11-02280
PRESENT: SMITH, J.P., FAHEY, PERADOTTO, AND LINDLEY, JJ.
RENEE JONES, CLAIMANT-APPELLANT,
V MEMORANDUM AND ORDER
CITY OF BUFFALO SCHOOL DISTRICT,
RESPONDENT-RESPONDENT.
CAMPBELL & SHELTON LLP, EDEN (R. COLIN CAMPBELL OF COUNSEL), FOR
CLAIMANT-APPELLANT.
Appeal from an order of the Supreme Court, Erie County (Diane Y.
Devlin, J.), entered August 11, 2011 in a personal injury action. The
order denied the motion of claimant to renew her prior application for
leave to serve a late notice of claim.
It is hereby ORDERED that the order so appealed from is
unanimously affirmed without costs.
Memorandum: Claimant appeals from an order denying her motion to
renew a prior application for leave to serve a late notice of claim.
It is well settled that “[a] motion for leave to renew ‘shall be based
upon new facts not offered on the prior [application] that would
change the prior determination’ . . ., and ‘shall contain reasonable
justification for the failure to present such facts on the prior
[application]’ ” (Doe v North Tonawanda Cent. School Dist., 91 AD3d
1283, 1284). Here, “[t]he motion to renew was properly denied
[inasmuch as claimant] failed to offer a valid excuse for failing to
submit the new material on the original [application]” (Linden v
Moskowitz, 294 AD2d 114, 116, lv denied 99 NY2d 505; see Schilling v
Malark, 13 AD3d 1153, 1154).
Entered: April 20, 2012 Frances E. Cafarell
Clerk of the Court