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ESTATE OF RICHARD ZOLLI, A/K/A RICHARD ZENO ZOLLI, Deceased (15/3104) — Erin Tormey (the movant) seeks leave, pursuant to CPLR §2221(d), to reargue her motion for summary judgment in the abovecaptioned contested accounting proceeding. On December 23, 2015, this court issued its decision and order (the 2015 decision) denying the movant’s motion for summary judgment, in which she sought a declaration that Maria Benalcazar (the respondent) is not entitled to a distributive share of the estate of Richard Zolli, a/k/a Richard Zeno Zolli (the decedent) on the grounds that the respondent had abandoned the decedent, her spouse, and that her claim is time-barred. The court determined that the respondent’s claim for her distributive share is not time-barred, and that triable issues of fact exist with respect to the claim of abandonment.

A motion for leave to reargue “shall be based on matters of fact or law allegedly overlooked or misapprehended by the court in determining the prior motion, but shall not include any matters of fact not offered on the prior motion.” CPLR §2221(d)(2). A determination whether to grant leave to reargue is addressed to the sound discretion of the court; however, such a motion is not “designed to afford the unsuccessful party successive opportunities to reargue issues previously decided.” Rodriguez v. Gutierrez, 138 A.D.3d 964, 967 (2d Dep’t 2016).

 
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