5520 applies to reargument orders that were never appealedMarch 28, 2012

People v Johnson, 2012 NY Slip Op 02213 (4th Dept. 2012)

“Following entry of the order granting that part of defendant’s motion, the People moved for leave to reargue with respect thereto. The court granted the People’s motion insofar as it sought leave to reargue and adhered to its prior determination. The People appealed from the original order and failed to appeal from the subsequent order entered on reargument, which superseded the original order (see Loafin’ Tree Rest. v Pardi [appeal No. 1], 162 AD2d 985). We exercise our discretion to treat the notice of appeal as one taken from the subsequent order (see CPLR 5520 [c]; see e.g. Kanter v Pieri, 11 AD3d 912, 912).”

I learn something new every day.

Leave a Reply