Opinion
November 19, 1993
Appeal from the Supreme Court, Jefferson County, Gilbert, J.
Present — Denman, P.J., Green, Lawton, Fallon and Boehm, JJ.
Judgment unanimously affirmed without costs. Memorandum: Article IX, (§ 2 [I]) of the Town of Alexandria Zoning Ordinance provides that an appeal from a decision of the Planning Board regarding a site plan review shall be taken pursuant to CPLR article 78. The court properly affirmed the determination of the Zoning Board of Appeals denying petitioners' application seeking review of a site plan by the Planning Board.
Supreme Court's denial of petitioners' motion to reargue is not appealable (see, Pennino v Lasersurge, Inc., 178 A.D.2d 939). Additionally, the denial of their motion to renew was proper because it was not based on additional material facts unknown at the time of the prior proceeding (see, Matter of Beiny, 132 A.D.2d 190, lv dismissed 71 N.Y.2d 994).
Finally, Supreme Court did not abuse its discretion in denying respondents' cross motion for sanctions (see, 22 NYCRR 130-1.1; see also, Papelino v Papelino, 187 A.D.2d 999).