In Re: 477 West 142nd Street Housing Dev. Fund Corp.

Background

Dr. Queen Mother Delois Blakely appealed Bankruptcy Court orders that denied a reconsideration motion, entered judgment for Amsterdam Key Associates LLC in an adversary proceeding, and dismissed an adversary proceeding brought by Dr. Blakely. On June 10, 2022, this Court affirmed the Bankruptcy Court’s orders and denied Dr. Blakely’s appeals.

Motion for Reconsideration

Dr. Blakely moved under Federal Rule of Civil Procedure 60(b) for reconsideration of the Court’s earlier decision. The Court explained that reconsideration is an exceptional remedy. It generally requires the moving party to identify controlling decisions or information the court overlooked, an intervening change in controlling law, new evidence, or a clear error that would cause serious unfairness. A motion cannot be used simply to argue again about issues the court already decided.

The Court found that Dr. Blakely’s motion repeated arguments previously considered or asserted, without explaining why the Court should have ruled differently. The Court also found no indication that controlling law had changed or that new evidence was available. Although Dr. Blakely argued that denying reconsideration would cause a miscarriage of justice, the Court concluded that she had not shown an error that was direct, obvious, and observable.

Disposition

Judge Valerie Caproni ordered that Dr. Blakely’s motion for reconsideration was DENIED. The Clerk of Court was directed to terminate the open motions listed in the order and mail a copy of the order to Dr. Blakely, identified in the order as proceeding without a lawyer.