RENEE JONES CLAIMANT APPELLANT v. CITY OF BUFFALO SCHOOL DISTRICT RESPONDENT RESPONDENT (2012)

Supreme Court, Appellate Division, Fourth Department, New York.

RENEE JONES, CLAIMANT–APPELLANT, v. CITY OF BUFFALO SCHOOL DISTRICT, RESPONDENT–RESPONDENT.

CA 11–02280

Decided: April 20, 2012

PRESENT: SMITH, J.P., FAHEY, PERADOTTO, AND LINDLEY, JJ.

CAMPBELL & SHELTON LLP, EDEN (R. COLIN CAMPBELL OF COUNSEL), FOR CLAIMANT–APPELLANT.

MEMORANDUM AND ORDER

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 A.D.2d 114, 116, lv denied 99 N.Y.2d 505; see Schilling v. Malark, 13 AD3d 1153, 1154).

Frances E. Cafarell

Clerk of the Court

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