Cross application by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated November 23, 2001, on the ground that the order appealed from denies reargument and is not appealable. By decision and order on motion of this court dated August 2, 2002, the cross application was referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal.
Upon the papers filed in support of the cross application and the papers filed in opposition thereto, and upon the submission of the appeal, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., KRAUSMAN, McGINITY, SCHMIDT and CRANE, JJ., concur.