IN RE: WILLIAM E. HAMILTON (2016)

Supreme Court, Appellate Division, Fourth Department.

IN RE: WILLIAM E. HAMILTON, PETITIONER–APPELLANT, v. MARY ALLEY, JAMES FROIO AND BOARD OF EDUCATION OF JORDAN–ELBRIDGE CENTRAL SCHOOL DISTRICT, RESPONDENTS–RESPONDENTS.

CA 15–01273

Decided: October 07, 2016

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

O'HARA, O'CONNELL & CIOTOLI, FAYETTEVILLE (DOUGLAS G. O'HARA OF COUNSEL), FOR PETITIONER–APPELLANT. BOND, SCHOENECK & KING, PLLC, SYRACUSE (DOUGLAS M. MCRAE OF COUNSEL), FOR RESPONDENTS–RESPONDENTS.

MEMORANDUM AND ORDER

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Memorandum: Petitioner commenced this CPLR article 75 proceeding challenging his termination as a tenured administrator of the Jordan–Elbridge Central School District. On a prior appeal, we modified an order denying the amended petition by granting the amended petition in part (Matter of Hamilton v. Alley, 137 AD3d 1564, 1565). Petitioner now appeals from an order denying his subsequent motion for leave to renew his amended petition. As Supreme Court properly concluded, petitioner failed in support of his motion to offer new facts that were unavailable when the court initially denied the amended petition. “Thus, ․ [petitioner's] motion purportedly seeking leave to renew was actually seeking leave to reargue, and no appeal lies from an order denying leave to reargue” (Hill v. Milan, 89 AD3d 1458, 1458; see Westrick v. County of Steuben, 309 A.D.2d 1246, 1246–1247). We therefore dismiss the appeal.

Frances E. Cafarell

Clerk of the Court

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