STATE OF NEW YORK SUPREME COURT

ALBANY COUNTY

H. William Van Allen in esse, Petitioner,

Decision & Order

-againstNEW YORK STATE BOARD OF ELECTIONS, Respondent.

Index No. 1787-12 APPEARANCES:

H.

WILLIAM

V AN ALLEN

Self-Represented Petitioner 351 North Road Hurley, New York 12443 T. SCHNEIDERMAN, ATTORNEY GENERAL Attorney for Respondent (Douglas 1. Goglia, of counsel) The Capitol Albany, New York 12224
ERIC

Hon. Richard M. Platkin, A.J.S.C. This is a special proceeding brought by petitioner H. William Van Allen against respondent New York State Board of Elections ("SBOE") pursuant to CPLR article 78 seeking a writ of mandamus, emergency injunctive relief and declaratory relief. By Decision, Order & Judgment dated July 9, 2012 ("Prior Decision"), the Court granted respondent's motion to dismiss the proceeding on the ground that petitioner lacks standing, but denied the branch of respondent's motion seeking the imposition of monetary and non-monetary sanctions. Petitioner

now moves to reargue his opposition to respondent's motion, and respondent seeks to reargue the branch of its motion regardinJg the imposition of sanctions. A motion for leave to reargue "shall be identified as such" and "shall be based upon 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] [1], [2]). "It is not designed to provide an unsuccessful party with successive opportunities to reargue issues previously decided, or to present arguments different from those originally presented" (McGill v Goldman, 261 AD2d 593, 594 [2nd Dept. 1999] [internal citations omitted]). Petitioner's motion papers fail to identify any matter of fact or law concerning his standing to maintain this proceeding that was overlooked or misapprehended by the Court. allegedly

Petitioner's claim that he suffers severe emotional distress based on respondent's

incorrect instruction regarding the qualifications of a candidate for the Office of the President of the United States was not previously raised before the Court, and, in any event, is insufficient to demonstrate that the challenged administrative action subjects petitioner to a concrete injury that is in some way different from that of the public at large.

Respondent's motion for reargument also is without merit. The record compiled on the prior motion practice, including a footnote in respondent's memorandum of law citing to prior judicial decisions allegedly involving petitioner, fails to convincingly demonstrate that petitioner was responsible for "repetitive" and "numerous vexatious and harassing lawsuits" so as to wan-ant the imposition of sanctions. Further, while petitioner's belated claim of severe emotional injury plainly is without merit, the Court does not believe that it warrants an award of sanctions pursuant to Part 130 of the Rules of the Chief Administrative Judge. Accordingly, it is ORDERED that the motion and cross-motion are denied in all respects. This Decision & Order is being transmitted to the counsel for respondent and all other papers are being transmitted to the Albany County Clerk for filing. The signing of this Decision & Order shall not constitute entry or filing under CPLR 2220. Counsel are not relieved from the applicable provisions of that section respecting filing, entry and notice of entry.

Dated: Albany, New York August 20, 2012

RICHARD M. PLATKIN A.J.S.C. Papers Considered: Notice of Motion, dated July 19,2012; Affidavit ofH.William Van Allen, sworn to July 19,2012, with attachment; Plaintiff's Memorandum of Law, dated July 19,2012; Notice of Cross-Motion, dated July 23, 2012; Affirmation of Douglas J. Goglia, Esq., dated July 23,2012 Respondent's Memorandum of Law, dated July 23, 2012; Affidavit ofH. William Van Allen, sworn to August 1,2012, with exhibits B-E .

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