HOOVER v. STATE OF NEW YORK

Stein, J.

Claimant, an inmate, was allegedly injured in November 2008 when a prison vehicle, in which he was being taken for medical treatment, struck another vehicle. In April 2009, claimant moved for permission to file a late notice of intention to file a claim and to file a claim against defendant for his alleged injuries. The Court of Claims denied the motion and claimant did not file a notice of appeal from that determination. Claimant thereafter moved for reargument. The Court of Claims denied the motion and claimant now appeals from that order. Inasmuch as the denial of a motion for reargument is not appealable, this appeal must be dismissed ( see Matter of Jackson v Smith, 6 AD3d 1016, 1017 n [2004], lv denied 3 NY3d 667; Matter of Suarez v Filion, 281 AD2d 743, 744).

Ordered that the appeal is dismissed, without costs.