DOSCHER v. DOSCHER

Glenn S. Koopersmith, Garden City, N.Y., for appellant. Here, Justice Ross improperly entertained the plaintiffs application for leave to renew and reargue her motion to compel the defendant to submit to a deposition, since there was no demonstration by the plaintiff that the Justice who signed the prior order was no longer available to entertain the application ( see CPLR 2221 [a]). Justice Ross had no authority to rule on a matter already reviewed by another Justice of equal authority, and by ruling on the application for leave to renew and reargue, Justice Ross, in effect, improperly overruled a court of coordinate jurisdiction ( see People v Evans, 94 NY2d 499, 504; Matter of Dondi v Jones, 40 NY2d 8,15 [1976]; Nong Yaw Trakansook v 39 Wood Realty Corp., 18 AD3d 633; Matter of Eisenstadt v Eisenstadt, 277 AD2d 378; Clearwater Realty Co. v Hernandez, 256 AD2d 100).