Jones v. City of Buffalo Sch. Dist.

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered August 11, 2011 in a personal injury action. The order denied the motion of claimant to renew her prior application for leave to serve a late notice of claim.Campbell & Shelton LLP, Eden (R. Colin Campbell of Counsel), for claimant–appellant.MEMORANDUM:

Claimant appeals from an order denying her motion to renew a prior application for leave to serve a late notice of claim. It is well settled that “[a] motion for leave to renew ‘shall be based upon new facts not offered on the prior [application] that would change the prior determination’ ..., and ‘shall contain reasonable justification for the failure to present such facts on the prior [application]’ ” ( Doe v. North Tonawanda Cent. School Dist., 91 A.D.3d 1283, 1284, 937 N.Y.S.2d 647). Here, “[t]he motion to renew was properly denied [inasmuch as claimant] failed to offer a valid excuse for failing to submit the new material on the original [application]” ( Linden v. Moskowitz, 294 A.D.2d 114, 116, 743 N.Y.S.2d 65, lv. denied 99 N.Y.2d 505, 755 N.Y.S.2d 712, 785 N.E.2d 734; see Schilling v. Malark, 13 A.D.3d 1153, 1154, 787 N.Y.S.2d 533).

*851 It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs. SMITH, J.P., FAHEY, PERADOTTO, and LINDLEY, JJ., concur.