Renewal Order

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF -------------------------------------------------------------X Plaintiff, Index No.: -against- RENEWAL ORDER Defendant. ------------------------------------------------------------X J.: Plaintiff / Defendant moves by Order to Show Cause for an order pursuant to CPLR 2221 granting leave to renew the courts prior order dated . Plaintiff / Defendant opposesthe motion. CPLR 2221 governs motions affecting prior orders. In a m otion for renewal, a party must presentmaterial facts which exist at the time the prior motion was made which were not then known. Foley v. Roche, 68 A.D.2d 558 (1st Dept. 1979). In the present application, the plaintiff / defendant requests an order granting renewal. The plaintiff / defendant offers no new proof upon which to base this request, but rather,seeks to convince the court to re-consider the issues and arguments presented under the original motion. Accordingly, pursuant to CPLR 2221, the motion for renewal is denied. This constitutes the decision and order of the court. Dated: Justice Supreme Court Renewal Order September 2004 American LegalNet, Inc. www.USCourtForms.com