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ESTATE OF CHRISTOPHER PANNONE, Deceased

ESTATE OF CHRISTOPHER PANNONE, Deceased. (13/1227) — Decedent's daughter, Linda Hannula, moves for leave to reargue this Court's October 7th, 2014 Decision and Order. Decedent's grandson, Christopher Siragusa, opposes that relief and urges the Court to adhere to its prior decision. A showing must be made that a court overlooked a material fact or misapplied the controlling law in order to allow a party to reargue a Court's prior decision (Santa Maria v. Schwartz, 238 AD2d 569). Reargument is not designed to allow an unsuccessful party to rehash questions already decided (Mayer v. National Arts Club, 192 Ad2d 863).

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ESTATE OF CHRISTOPHER PANNONE, Deceased. (13/1227) — Decedent’s daughter, Linda Hannula, moves for leave to reargue this Court’s October 7th, 2014 Decision and Order. Decedent’s grandson, Christopher Siragusa, opposes that relief and urges the Court to adhere to its prior decision. A showing must be made that a court overlooked a material fact or misapplied the controlling law in order to allow a party to reargue a Court’s prior decision (Santa Maria v. Schwartz, 238 AD2d 569). Reargument is not designed to allow an unsuccessful party to rehash questions already decided (Mayer v. National Arts Club, 192 Ad2d 863).

Motion papers were submitted by both parties and with the consent of counsel for the objectant herein, oral argument on the motion was heard on November 19, 2014. Ms. Hannula presented no new facts to establish that this Court overlooked or misapplied a controlling law, but instead presented the same arguments made in the initial motion. Accordingly, after reviewing all the papers heretofore submitted and after hearing oral arguments, the Court hereby denies the motion to reargue, and adheres to its prior ring to its prior Decision and Order dated October 7, 2014.

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