HAUGHEY v. HAUGHEY

Ordered that the appeal from the order dated January 19, 2007, is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument ( see Berktas v McMillian, 40 AD3d 563); and it is further,

Ordered that the order dated November 21, 2006, is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

The Supreme Court properly granted the plaintiffs motion for summary judgment on her cause of action for a conversion divorce ( see Domestic Relations Law § 170; Christian v Christian, 42 NY2d 63, 72). The defendant failed to raise a triable issue of fact with respect to the propriety and legality of the parties' separation agreement ( see Rosen v Goldberg, 28 AD2d 1051, affd 23 NY2d 791; Akgul v Akgul, 175 AD2d 194, 195).