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