Franco Belli Plumbing & Heating & Sons, Inc. v. N.Y.C. Sch. Constr. Auth.

• Decision Date: 14 September 2016
• Parties: In the Matter of FRANCO BELLI PLUMBING AND HEATING AND SONS, INC., appellant, v. NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY, respondent.
• Court: New York Supreme Court — Appellate Division

142 A.D.3d 1011
38 N.Y.S.3d 30
2016 N.Y. Slip Op. 05998

In the Matter of FRANCO BELLI PLUMBING AND HEATING AND SONS, INC., appellant,
v.
NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY, respondent.

Supreme Court, Appellate Division, Second Department, New York.

Sept. 14, 2016.

38 N.Y.S.3d 31

Klein Slowik PLLC, New York, NY (Christopher M. Slowik of counsel), for appellant.

Zachary W. Carter, Corporation Counsel, New York, NY (Pamela Seider Dolgow and Emma Grunberg of counsel), for respondent.

L. PRISCILLA HALL, J.P., LEONARD B. AUSTIN, ROBERT J. MILLER, and JOSEPH J. MALTESE, JJ.

142 A.D.3d 1011

In a proceeding pursuant to CPLR article 78 to review a determination of the New York City School Construction Authority dated March 12, 2012, which, inter alia, after a hearing, disqualified the petitioner from bidding, contracting, and subcontracting on any future project of the New York City School Construction Authority for a period of five years, the petitioner appeals from an order of the Supreme Court, Queens County (Brathwaite Nelson, J.), dated June 12, 2014, which denied its motion pursuant to CPLR 2221(e) for leave to renew its petition, which was denied in a judgment of the same court dated December 21, 2012, or, in the alternative, pursuant to CPLR 5015(a)(2) to vacate the judgment.

ORDERED that the order is affirmed, with costs.

We agree with the Supreme Court's determination denying that branch of the petitioner's motion which was for leave to renew its petition pursuant to CPLR 2221(e), albeit on grounds different from those the court relied upon. In a judgment dated December 21, 2012, the court denied the petitioner's petition seeking to annul a particular determination of the New York City School Construction Authority and dismissed the CPLR article 78 proceeding (see Matter of Franco Belli Plumbing and Heating and Sons, Inc. v. New York City School Construction Authority, 142 A.D.3d 1010, 37 N.Y.S.3d 453 [Appellate Division Docket No. 2013–02286; decided herewith] ). Since “a judgment...