Maurice Oparaji v Miracle Motors, Inc. & Maurice H. Mitchell & Monique G. Mitchell, As Admrs. of Estate of Maurice Mitchell, Deceased

Maurice Oparaji v Miracle Motors, Inc. & Maurice H. Mitchell & Monique G. Mitchell, As Admrs. of Estate of Maurice Mitchell, Deceased

Motion No: 2020-00637 QC

Slip Opinion No: 2023 NY Slip Op 75799(U)

Decided on October 17, 2023

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.

Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th Judicial Districts

THOMAS P. ALIOTTA, P.J.

WAVNY TOUSSAINT

CHEREÉ A. BUGGS, JJ.

DECISION & ORDER ON MOTION

2020-637 Q C

Maurice Oparaji, Appellant, v Miracle Motors, Inc. and Maurice H. Mitchell and Monique G. Mitchell, as Administrators of the Estate of Maurice Mitchell, Deceased, Respondents.

Motion by appellant for leave to reargue an appeal from an order of the Civil Court of the City of New York, Queens County, entered August 28, 2019, which was dismissed in a decision and order of this court dated December 2, 2022, or, in the alternative, for leave to appeal to the Appellate Division from this court's decision and order.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

As plaintiff made no argument in his main brief addressing the order appealed from and this court declined to consider the arguments plaintiff raised for the first time in his reply brief, this appeal was dismissed as abandoned. In support of the instant motion, plaintiff argues that he never intended to abandon the appeal. However, plaintiff does not point to any argument made in his main brief which addressed the substance of the order appealed from, nor does he make any such substantive argument in this motion. In any event, it is noted that, to the extent that the arguments made in plaintiff's main brief could be construed as somehow addressing the relevant order, they provided no basis to reverse the order.

Alliota, P.J., taking no part.

ENTER:

Paul Kenny

Chief Clerk