Rotundo v. Village of Yorkville, New York, 6:09-cv-01262

Plaintiffs Rotundo, Jr. and Rotundo sued the Village of Yorkville and village officials under 42 U.S.C. § 1983 and New York law.
Defendants moved for summary judgment; the court granted in part and denied in part on March 4, 2011, with several claims dismissed and others remaining for trial.
The prior decision dismissed Fourteenth Amendment procedural due process, substantive due process, and equal protection claims, along with NY state contract-related claims.
Summary judgment was denied as to First Amendment retaliation, NY free speech, prima facie tort, and loss of consortium claims, which remained for trial.
Plaintiffs moved for reconsideration to reinstate the dismissed Fourteenth Amendment and NY Constitution, Art. I, § 6 procedural due process claims.
The motion for reconsideration argued misinterpretation of Civil Service Law § 75 and sought to remedy a claimed error to protect public employees’ discipline/discharge rights.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Reconsideration of due process claim (Fourteenth Amendment).	Rotundo argues § 75 was misread; remedy necessary to prevent manifest injustice.	Defendants contend no new law, new evidence, or clear error to justify reconsideration.	Denied; no clear error or manifest injustice shown.
Reconsideration of NY Constitution due process claim (Art. I, § 6).	Rotundo asserts misinterpretation of § 75 affects procedural due process protections.	Defendants maintain arguments were previously considered and no basis for reconsideration exists.	Denied; no basis shown to alter the prior ruling.

United States v. Thornton, 160 U.S. 654 (U.S. 1896) (reconsideration standards and rationale)
Butler v. Finegan, 269 N.Y. 587 (N.Y. 1935) (historical treatment of reconsideration and error correction)
Spivak v. Delaney, 264 N.Y. 491 (N.Y. 1934) (precedent on reconsideration arguments)
Schaefer v. Rathmann, 237 A.D. 491 (N.Y. App. Div. 4th Dep’t 1933) (older authorities cited on reconsideration standards)