Opinion
Argued October 18, 1999
December 2, 1999
In a proceeding pursuant to CPLR 7510 to confirm an arbitration award dated April 9, 1995, the petitioners appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Shaw, J.), dated September 25, 1998, as denied that branch of their motion which was, in effect, to resettle a judgment of the same court, dated December 5, 1996, entered upon an order confirming the arbitration award, and in their favor in the principal amount of only $111,231.
Israel Vider, Brooklyn, N.Y., for appellants.
Robinson, Silverman, Pearce, Aronsohn Berman, LLP, New York, N Y (Daniel P. Waxman of counsel), for respondents.
LAWRENCE J. BRACKEN, J.P., SONDRA MILLER, WILLIAM C. THOMPSON, WILLIAM D. FRIEDMANN, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed, with costs.
The petitioners' motion sought, in effect, to resettle substantive portions of a judgment. An order denying a motion to resettle substantive portions of a judgment is not appealable (see, G.R.K. Realty Corp. v. Tischfeld, ___ A.D.2d ___; ___ [2d Dept., Sept. 13, 1999];Herzog v. Town of Thompson, 251 A.D.2d 917, 919 ). Accordingly, the appeal must be dismissed.
BRACKEN, J.P., S. MILLER, THOMPSON, and FRIEDMANN, JJ., concur.