| Robert Cristiano, Jr. v York Hunter Servs., Inc. |
| Motion No: 2019-01659 KC |
| Slip Opinion No: 2021 NY Slip Op 73810(U) |
| Decided on October 21, 2021 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 2nd, 11th & 13th Judicial Districts
THOMAS P. ALIOTTA, P.J.
WAVNY TOUSSAINT
DONNA-MARIE GOLIA, JJ.
DECISION & ORDER ON MOTION
| Robert Cristiano, Jr., Appellant, v York Hunter Services, Inc., Respondent. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered May 28, 2019. The order, insofar as appealed from, denied appellant's cross motion for leave to renew its prior motion for leave to serve an amended bill of particulars.
On the court's own motion, it is
ORDERED that the appeal is dismissed, as the issues raised on this appeal could have been raised on appellant's prior appeal from the order denying plaintiff's prior motion for leave to serve an amended bill of particulars (see Rubeo v National Grange Mut. Ins. Co., 93 NY2d 750 [1999]; Bray v Cox, 38 NY2d 350 [1976]; Gammal v La Casita Milta, 278 AD2d 364 [2000]).
ENTER:
Paul Kenny
Chief Clerk