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Flock v. Flock

Appellate Division of the Supreme Court of New York, Second Department
Apr 13, 1981
81 A.D.2d 605 (N.Y. App. Div. 1981)

Opinion

April 13, 1981


In a matrimonial action, the defendant appeals from an order of the Supreme Court, Dutchess County, dated February 26, 1980, which denied his motion for "leave to reargue and renew" his prior application to vacate a default judgment entered against him. Appeal dismissed, with $50 costs and disbursements. Defendant's motion to reargue and renew was, in reality a motion only to reargue, as no new matter was presented which was unavailable to the defendant prior to the denial of his application to vacate a default judgment (Matter of Samson v County of Nassau, 78 A.D.2d 657). An order denying a motion for leave to reargue is not appealable. Mollen, P.J., Hopkins, Weinstein and Thompson, JJ., concur.


Summaries of

Flock v. Flock

Appellate Division of the Supreme Court of New York, Second Department
Apr 13, 1981
81 A.D.2d 605 (N.Y. App. Div. 1981)
Case details for

Flock v. Flock

Case Details

Full title:MARION A. FLOCK, Respondent, v. FRANK A. FLOCK, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 13, 1981

Citations

81 A.D.2d 605 (N.Y. App. Div. 1981)

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