2024 WL 3286986
Supreme Court, Appellate Division, Fourth Department, New York.
In the Matter of CAYUGA NATION, Petitioner-Appellant,
v.
Dustin PARKER, and Dustin Parker, Doing Business as Pipekeepers Tobacco & Gas, Respondents-Respondents. (Appeal No. 2.)
269
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CA 23-00739
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Entered: July 3, 2024
Appeal from an order of the Supreme Court, Seneca County (Barry L. Porsch, A.J.), entered April 12, 2023. The order granted the motion of petitioner seeking leave to renew and reargue, and upon renewal and reargument, adhered to the prior determination denying the petition.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: In appeal No. 1, petitioner appeals from an order that denied its CPLR article 4 petition seeking recognition of a Cayuga Nation Civil Court (Nation Court) judgment against respondents, Dustin Parker and Dustin Parker, doing business as Pipekeepers Tobacco & Gas. In appeal No. 2, petitioner appeals from an order that, in effect, granted petitioner’s motion for leave to renew and reargue with respect to the order in appeal No. 1 and, upon renewal and reargument, adhered to the prior determination.
At the outset, we note that, in deciding petitioner’s motion for leave to renew and reargue, Supreme Court considered and rejected the substantive arguments raised by petitioner. Therefore, although the order in appeal No. 2 does not state as much, it is clear to this Court that the court, in effect, granted petitioner’s motion insofar as it sought leave to renew and reargue and, upon renewal and reargument, adhered to its original determination. We therefore dismiss the appeal from the order in appeal No. 1 (see Manes v. State of New York, 182 A.D.3d 1012, 1013, 120 N.Y.S.3d 911 [4th Dept. 2020], lv denied 35 N.Y.3d 913, 2020 WL 5414903 [2020]; Loafin’ Tree Rest. v. Pardi [Appeal No. 1], 162 A.D.2d 985, 985, 559 N.Y.S.2d 154 [4th Dept. 1990]).
Addressing petitioner’s contentions in appeal No. 2, we conclude that the court did not abuse its discretion in adhering to its determination to deny the petition seeking recognition of the Nation Court judgment (see generally Unkechaug Indian Nation v. Treadwell, 192 A.D.3d 729, 733, 144 N.Y.S.3d 44 [2d Dept. 2021]).
All Citations
--- N.Y.S.3d ----, 2024 WL 3286986, 2024 N.Y. Slip Op. 03602