December 11, 2023

Appellate practice.

The Supreme Court properly treated the defendant's motion, denominated as one for leave to renew and reargue its motion for summary judgment, as one for leave to reargue the motion. As the denial of a motion for leave to reargue is not appealable, the appeal from the order must be dismissed.

Brilliantine v. East Hampton Fuel Oil Corp., NY Slip Op 06112 (2d Dep't November 29, 2023)

Here is the decision.