The Appellate Division affirmed the denial of petitioner's motion to renew and reargue the petition to extend the time to file a spousal election pursuant to EPTL 5-1.1. The petitioner failed to point to new facts that would change the result, pursuant to CPLR 2221[e][2], [3], and he did not demonstrate that the interests of justice required renewal. As the court noted in the original motion, petitioner did not show reasonable cause for his failure to elect in a timely fashion, pursuant to EPTL 5-1.1-A[d][2]. Nothing he presented on renewal would change that result. The court properly concluded that petitioner was aware that he was required to make an election within a stated time period, and that despite his alleged infirmities and difficulties, he was able to challenge respondent's petition to probate a 2015 instrument that benefited decedent's siblings and to petition for the probate of a 2016 instrument that benefited himself. No appeal lies from denial of a motion for reargument.
Matter of Penick, NY Slip Op 00386 (1st Dep't January 26, 2023)
