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Plaintiff did not appeal the order of June 19, 2009, which dismissed his complaint, nor did he make a motion during the statutory 30 days

Plaintiff did not appeal the order of June 19, 2009, which dismissed his complaint, nor did he make a motion during the statutory 30 days for such relief (CPLR 2221[d]). Despite recognizing the untimeliness of the motion, the court granted reargument with regard to the first cause of action for breach of contract, relying onLiss v Trans Auto Sys.(68 NY2d 15, 20 [1986]),and adhered to its prior ruling. InLiss,the Court of Appeals held that "regardless of statutory time limits concerning motions to reargue, every court retains continuing jurisdiction to reconsider its prior interlocutory orders during the pendency of the action." Nevertheless, since the underlying order of June 19 had finally determined this action by dismissing the complaint, the matter was no longer pending and the court lacked the authority to consider the untimely request for reargument (see Johnson v Incorporated Vil. of Freeport,303 AD2d 640 [2003];Sainphor v Hurtt,302 AD2d 511 [2003]), thus requiring dismissal of the present appeal to that extent.

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