Ordered that the order entered November 8, 2007 is reversed, on the law, with costs, and the matter is remitted to Justice Randy Sue Marber of the Supreme Court, Nassau County, to determine the plaintiffs application for leave to renew and reargue her motion pursuant to CPLR 3124 to compel the defendant to submit to a deposition.
CPLR 2221 (a) provides, inter alia, that any motion for leave to renew or reargue a prior motion shall be made to the judge who signed the order deciding the prior motion, unless that judge is unable to hear the motion. "The design of the rule is to prevent a second judge of the same court from sitting in effect as an appellate court over a colleague" (Siegel, NY Prac § 253, at 433 [4th ed]).