Opinion
Submitted December 13, 2000.
January 16, 2001.
In an action to recover damages for personal injuries, etc., the plaintiff Roger Piacentini appeals from an order of the Supreme Court, Nassau County (Alpert, J.), dated March 9, 2000, which denied his motion, in effect, for reargument.
Deutsch Sneider, Glendale, N.Y. (Eric G. Slepian of counsel), for appellant.
Barry, McTiernan Moore, New York, N.Y. (Laurel A. Wedinger of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, ACTING P.J., FRED T. SANTUCCI, MYRIAM J. ALTMAN, ANITA R. FLORIO, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed, with costs.
The appellant's motion, characterized as one for reargument and renewal, was in actuality a motion for leave to reargue because it was not based upon new facts which were unavailable at the time of the original motion (see, McCorvey v. Schoulder, 273 A.D.2d 207; Daly v. Messina, 267 A.D.2d 345; Lupoli v. Venus Labs., 264 A.D.2d 820; DeMeo v. County of Suffolk, 262 A.D.2d 270; Knutson v. Sand, 249 A.D.2d 451; Bossio v. Fiorillo, 222 A.D.2d 476). Accordingly, the appeal must be dismissed, as no appeal lies from the denial of a motion for leave to reargue (see, Schumer v. Levine, 208 A.D.2d 605; DeFreitas v. Board of Educ., 129 A.D.2d 672).