| Matter of Platt v Russo |
| 2018 NY Slip Op 05548 [163 AD3d 1379] |
| July 26, 2018 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Donald Platt, Appellant, v Anthony Russo, as Deputy Superintendent of Security, Department of Corrections and Community Supervision, Respondent. |
Donald Platt, Napanoch, appellant pro se.
Barbara D. Underwood, Attorney General, Albany (William E. Storrs of counsel), for respondent.
Appeal from a judgment of the Supreme Court (Mott, J.), entered August 25, 2017 in Ulster County, which, in a proceeding pursuant to CPLR article 78, denied petitioner's motion to reargue.
Petitioner, an inmate, commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating certain prison disciplinary rules. Supreme Court dismissed the proceeding for lack of jurisdiction due to petitioner's failure to effect service in accordance with the terms of the order to show cause. The court denied petitioner's subsequent motion to reargue, which claimed that the court had overlooked or misapprehended facts and law when it dismissed the petition. Petitioner appeals solely from the judgment denying his motion to reargue.
No appeal lies from the denial of a motion to reargue (see Matter of Barnes v Annucci, 144 AD3d 1286, 1287 [2016]; People ex rel. Adams v Cunningham, 134 AD3d 1258, 1259 [2015]). As such, the appeal from said judgment must be dismissed.
Garry, P.J., McCarthy, Clark, Rumsey and Pritzker, JJ., concur. Ordered that the appeal is dismissed, without costs.