Summary
This is a published opinion from the New York Supreme Court, Appellate Division, Fourth Department, decided on June 6, 2025. The court unanimously dismissed an appeal filed by defendant-appellant Child and Family Services seeking leave to renew and reargue a motion to dismiss an amended complaint. The appellate court affirmed the lower court's denial of that motion without costs, referencing a companion memorandum issued in a related appeal.
Topics
Practice areas
Questions Presented
- Whether the Appellate Division should affirm the lower court’s denial of the motion to renew and reargue the motion to dismiss.
Holdings
- The appeal is dismissed without costs, thereby affirming the lower court’s order.
Factual background
Defendant Child and Family Services sought leave to renew and reargue its motion to dismiss the amended complaint. The trial court denied that motion, prompting an appeal.
Procedural history
The Supreme Court, Erie County entered an order on March 1, 2024 denying the defendant's motion to renew and reargue its motion to dismiss. The defendant appealed, and the Appellate Division dismissed the appeal without costs.