WARNER v. CARTER

Appellate Division of the Supreme Court of New York, Second Department.

Aug 15, 2005

Judgment

CaseIQ

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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).