Citation Codes Equivalent Citations citation codes See more information ... Smart Summary Please sign up to generate summary. KATHRYN O'DONNELL, as Administratrix of the Estate of JOSEPHINE I. DENGLER, Deceased, Respondent, v. COUNTY OF ERIE, Appellant. (Appeal No. 2.) Appeal unanimously dismissed without costs as academic. Memorandum: Although we need not decide the issues raised, we note that a party should not be permitted to renew a motion upon which he has prevailed (see, Diviak v Schulefand, 140 A.D.2d 950; Hugelmaier v Town of Sweden, 101 A.D.2d 996).