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325 Mgt. Corp. v. Statuto

Docket Index No. 157359/21|Appeal No. 6489|Case No. 2025-02263|

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

CivilDismissed
Filed
Jurisdiction
New York
Court
Appellate Division of the Supreme Court of the State of New York
Type
Opinion
Case type
Civil
Disposition
Dismissed
Citation
2026 NY Slip Op 02720
Docket numbers
Index No157359/21Appeal No6489Case No2025-02263

Appeal from an order denying leave to reargue under CPLR 2221(d).

Summary

The First Department dismissed an appeal by defendant-appellant Danielle Statuto from a Supreme Court order that denied her CPLR 2221(d) motion for leave to reargue. The appellate court held the order denying reargument is not appealable as of right and declined to treat her notice of appeal as a motion for leave to appeal. The court cited precedent and distinguished circumstances where a notice may be converted into a leave application, finding no extraordinary circumstances here, and therefore dismissed the appeal as taken from a nonappealable paper.

Issues Decided

  • Whether an order denying a motion for leave to reargue under CPLR 2221(d) is appealable as of right.
  • Whether the appellate court should treat a notice of appeal from a nonappealable order as an application for leave to appeal.

Court's Reasoning

The court relied on statutory and precedential authority that an order denying reargument is not appealable as of right (CPLR 5701[a] and controlling First Department decisions). It declined to convert the notice of appeal into a motion for leave because the circumstances did not involve an extraordinary relief by the trial court that would justify such conversion. Prior cases allowing conversion involved unusual or dispositive relief granted by the trial court, which is absent here.

Authorities Cited

  • CPLR 5701(a)
  • Manhattan Telecom., Corp. v Coordinated Behavioral Care, Inc.216 AD3d 428 (1st Dept 2023)
  • All Craft Fabricators, Inc. v ATC Assoc., Inc.153 AD3d 1159 (1st Dept 2017)

Parties

Plaintiff
325 Management Corp.
Defendant
Danielle Statuto
Appellant
Danielle Statuto
Respondent
325 Management Corp.
Attorney
Matthew S. Brett
Judge
Paul A. Goetz

Key Dates

Decision date
2026-04-30
Order entered in Supreme Court
2025-03-13

What You Should Do Next

  1. 1

    Consult an attorney

    Talk with counsel to evaluate whether to move for leave to appeal or to seek any other post-judgment relief within the applicable deadlines.

  2. 2

    Consider filing a leave application

    If appropriate, prepare and file a formal motion for leave to appeal setting out why appellate review should be permitted, showing extraordinary circumstances or errors warranting review.

  3. 3

    Confirm deadlines

    Determine and comply with any deadlines for seeking leave to appeal or other post-judgment motions to avoid forfeiting appellate options.

Frequently Asked Questions

What did the court decide?
The appellate court dismissed the appeal because an order denying a motion for leave to reargue is not appealable as of right, and it would not convert the notice of appeal into a leave application.
Who is affected by this decision?
Defendant-appellant Danielle Statuto is affected because her appeal was dismissed; the plaintiff, 325 Management Corp., remains the prevailing party on this procedural point.
What happens next?
Because the appeal was dismissed as taken from a nonappealable paper, the underlying Supreme Court order denying reargument remains in effect and the appellant may consider seeking leave to appeal through the proper procedural mechanism if available.
Can this be appealed further?
This dismissal is procedural; to pursue appellate review the appellant would generally need to seek permission (leave) to appeal from the Appellate Division or pursue any other authorized review path, subject to time and procedural rules.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text
325 Mgt. Corp. v Statuto - 2026 NY Slip Op 02720

325 Mgt. Corp. v Statuto

2026 NY Slip Op 02720

April 30, 2026

Appellate Division, First Department

325 Management Corp., Plaintiff-Respondent,

v

Danielle Statuto, Defendant-Appellant.

Decided and Entered: April 30, 2026

Index No. 157359/21|Appeal No. 6489|Case No. 2025-02263|

Before: Kennedy, J.P., Gesmer, González, Rosado, Chan, JJ.

Danielle Statuto, appellant pro se.

Belkin Burden Goldman, LLP, New York (Matthew S. Brett of counsel), for respondent.

Appeal from order, Supreme Court, New York County (Paul A. Goetz, J.), entered March 13, 2025, which denied defendant's CPLR 2221(d) motion for leave to reargue, unanimously dismissed, without costs, as taken from a nonappealable paper.

No appeal lies as of right from an order denying reargument (CPLR 5701[a];
see Manhattan Telecom., Corp. v Coordinated Behavioral Care, Inc.
, 216 AD3d 428, 428 [1st Dept 2023]), and we decline to deem defendant's notice of appeal an application for leave to appeal from the order denying reargument (
cf. All Craft Fabricators, Inc. v ATC Assoc., Inc.,
153 AD3d 1159, 1160 [1st Dept 2017] [notice of appeal from an order not appealable as of right deemed to be a motion for leave to appeal where relief granted by Supreme Court, sua sponte dismissal of the complaint, was of an "extraordinary nature"]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: April 30, 2026