THOMAS GILEWICZ v BRYLIN HOSPITAL DR. KANG BALVINDER, BUFFALO GENERAL PSYCHIATRIC

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THOMAS GILEWICZ, PLAINTIFF-APPELLANT,V BRYLIN HOSPITAL, ALSO KNOWN AS BRYLIN HOSPITALS,DR. KANG BALVINDER, BUFFALO GENERAL PSYCHIATRICUNIT AND BUFFALO GENERAL HOSPITAL,DEFENDANTS-RESPONDENTS.LAW OFFICE OF JOSEPH G. MAKOWSKI, LLC, BUFFALO (JOSEPH MAKOWSKI OFCOUNSEL), FOR PLAINTIFF-APPELLANT.FELDMAN KIEFFER, LLP, BUFFALO (ADELA APRODU OF COUNSEL), FORDEFENDANT-RESPONDENT BRYLIN HOSPITAL, ALSO KNOWN AS BRYLIN HOSPITALS.RICOTTA & VISCO, BUFFALO (TOMAS J. CALLOCCHIA OF COUNSEL), FORDEFENDANT-RESPONDENT DR. KANG BALVINDER.ROACH, BROWN, MCCARTHY & GRUBER, P.C., BUFFALO (ADAM P. DEISINGER OFCOUNSEL), FOR DEFENDANTS-RESPONDENTS BUFFALO GENERAL PSYCHIATRICUNIT AND BUFFALO GENERAL HOSPITAL.Appeal from an order of the Supreme Court, Erie County (Paula L.Feroleto, J.), entered August 7, 2017. The order denied plaintiff’smotion for leave to renew and leave to reague.It is hereby ORDERED that said appeal from the order insofar asit denied leave to reargue is unanimously dismissed and the order isaffirmed without costs.Memorandum: In this medical malpractice action, defendants movedfor, inter alia, summary judgment dismissing the second amendedcomplaints against them. Supreme Court granted the motions, andplaintiff moved for leave to renew and reargue. Plaintiff now appealsfrom an order denying his motion. We dismiss the appeal from thatpart of the order denying that part of plaintiff’s motion seekingleave to reargue inasmuch as no appeal lies therefrom (see Kirchner vCounty of Niagara, 153 AD3d 1572, 1574 [4th Dept 2017]). Contrary toplaintiff’s contention, the court properly denied that part of themotion seeking leave to renew. Plaintiff failed to submit “new factsnot offered on the prior motion[s] that would change the priordetermination” (CPLR 2221 [e] [2];see Matter of Kairis v Graham, 118AD3d 1494, 1494-1495 [4th Dept 2014]). The alleged new facts wereknown to plaintiff and presented to the court at oral argument ofdefendants’ motions.Entered: June 8, 2018 Mark W. BennettClerk of the Court

THOMAS GILEWICZ v BRYLIN HOSPITAL DR. KANG BALVINDER, BUFFALO GENERAL PSYCHIATRIC

THOMAS GILEWICZ v BRYLIN HOSPITAL DR. KANG BALVINDER, BUFFALO GENERAL PSYCHIATRIC

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