LAGO v. NEW YORK-WORKERS

Ordered that the appeal from the order dated January 22, 2008 is dismissed, as no appeal lies from an order denying reargument; and it is further,

Ordered that the order dated October 19, 2007 is affirmed; and it is further,

Ordered that one bill of costs is awarded to the petitioner. The Supreme Court correctly determined that the appellant, City of New York-Workers' Compensation Division (hereinafter the City), failed to demonstrate the merit of its position, so that relief pursuant to CPLR 5015 (a) (1) was properly denied ( see e.g. Foxworth v Jenkins, 48 AD3d 1261).

The City's remaining contentions are without merit.