IN RE: Allen PATTERSON (2026)

Order, Supreme Court, New York County (Nancy M. Bannon, J.), entered June 23, 2025, which denied petitioner's motion for leave to renew the denial of his 2017 petition brought pursuant to CPLR article 78, seeking to annul respondents' determinations terminating his employment at the Administration for Children's Services and disqualifying him from employment with the New York City Taxi and Limousine Commission, and awarded sanctions to respondents, unanimously affirmed, without costs.

Supreme Court providently exercised its discretion in denying petitioner's motion to renew — his fourth — because he did not present any new evidence that would change the prior determination to dismiss the article 78 petition (see Henry v. Peguero, 72 A.D.3d 600, 602, 900 N.Y.S.2d 49 [1st Dept. 2010], appeal dismissed, 15 N.Y.3d 820, 908 N.Y.S.2d 152, 934 N.E.2d 886 [2010] ).  Despite petitioner's contention, a finding by Kings County Supreme Court in its April 2025 order that petitioner resigned from his position rather than being terminated does not constitute new evidence (see LFR Collections LLC v. Blan Law Offs., 117 A.D.3d 486, 487, 985 N.Y.S.2d 496 [1st Dept. 2014] ).  This Court affirmed dismissal of the petition, holding that the Administration for Children's Services properly elected to disregard petitioner's resignation and prosecute the charges of misconduct against him under 4 NYCRR 5.3(b) (see Matter of Patterson v. City of New York, 173 A.D.3d 540, 541, 100 N.Y.S.3d 523 [1st Dept. 2019] ).  The finding by the Kings County Supreme Court that petitioner resigned therefore does not change the outcome in any of the prior decisions in this case (see LFR Collections, 117 A.D.3d at 487, 985 N.Y.S.2d 496).

We have considered the remaining arguments and find them unavailing.