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

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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