CPLR R. 2221(a)

CPLR R. 2221(a) Motion affecting prior order

Doscher v Doscher,
2008 NY Slip Op 07084 (App. Div., 2nd)

CPLR 2221(a) provides, inter alia, that any motion for leave to
renew or reargue a prior motion shall be made to the judge who signed
the order deciding the prior motion, unless that judge is unable to
hear the motion. "The design of the rule is to prevent a second judge
of the same court from sitting in effect as an appellate court over a
colleague" (Siegel, NY Prac § 253, at 433 [4th ed]).

Here, Justice Ross improperly entertained the plaintiff’s
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 [*2]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; 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).

In short, a motion to renew and reargue should go to the judge that decided the original order, because we don’t want judges in the same court to overrule each other.  Havoc would ensue.

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