In Kern v. City of Rochester (3 Misc. 3d 948 [2004]), the court reviewed the decision in Commissioners and further stated that it had reviewed the record on appeal in Millson v. Arnot Realty Corp and determined that there were two motions to reargue in that case, one dated June 3, 1998 and the other June 9, 1998. The motions to reargue in Millson were made prior to the amendment to CPLR 2221. The court in Kern determined that the Fourth Department must have been applying the old law to the Millson motions to reargue. The court in Kern also noted that the Millson decision does not mention the 30-day time limit of CPLR 2221, and that none of the briefs submitted in Millson discussed the amendment to the statute. The court in Kern, therefore, determined that it was not bound to follow Millson as it was not applying the current version of CPLR 2221, and found that the motion to reargue was untimely as it was made beyond the express 30-day period.