Citation Codes Equivalent Citations citation codes Docket Number 2004-05651. Attorney(S) Guttmann Kellner, P.C., Smithtown, N.Y. (Daniel Guttmann of counsel), for appellants. Martyn, Toher, Esposito, Martyn, Adler Borsetti, Mineola, N.Y. (Phillip A. Jordan, Jr., of counsel), for respondent. See more information ... Smart Summary Please sign up to generate summary. PETER P. WARNER et al., Appellants, v. BERNICE CARTER, Respondent. Ordered that the appeal is dismissed, with costs. The plaintiffs' motion, although denominated as one for leave to reargue and renew was in actuality a motion for leave to reargue, the denial of which is not appealable ( see Califano v. City of New York, 17 AD3d 389; O'Ferral v. City of New York, 8 AD3d 457; C.R. v. Pleasantville Cottage School, 302 AD2d 259).