| Dimery v Ulster Sav. Bank |
| 2014 NY Slip Op 02407 [116 AD3d 731] |
| April 9, 2014 |
| Appellate Division, Second Department |
| Alice Laraine Dimery, Appellant, v Ulster SavingsBank, Respondent. |
—[*1] Alston & Bird, LLP, New York, N.Y. (John P. Doherty of counsel), forrespondent.
In an action, inter alia, for an accounting, which was consolidated with a summaryholdover proceeding to recover possession of and to evict the plaintiff from certain realproperty, the plaintiff appeals from an order of the Supreme Court, Putnam County(Nicolai, J.), dated June 15, 2012, which denied her motion pursuant to CPLR 2221 forleave to renew her prior motion pursuant to CPLR 5015 to vacate a judgment of the samecourt (Hickman, J.) entered October 26, 2000, which had been denied in an order of thesame court (O'Rourke, J.) dated February 18, 2009.
Ordered that the order dated June 15, 2012, is affirmed, with costs.
In an order dated February 18, 2009, the Supreme Court enjoined the plaintiff fromfiling further motions regarding the subject matter of this action without prior courtapproval. This Court affirmed the February 2009 order, concluding that the plaintiff hadforfeited her right to free access to the courts by abusing the judicial process throughvexatious litigation (see Dimeryv Ulster Sav. Bank, 82 AD3d 1034, 1035 [2011]). The plaintiff failed to complywith the February 2009 order because she did not seek and receive prior court approvalto file her motion for leave to renew. Moreover, the plaintiff failed to demonstrate anybasis upon which to grant her court approval to move for leave to renew, since sheasserted no new facts in support of her motion (see CPLR 2221 [e] [2]; Latopolski v Rudge, 35 AD3d390 [2006]). Accordingly, the Supreme Court properly denied the plaintiff's motionfor leave to renew. Dillon, J.P., Chambers, Austin and Duffy, JJ., concur.