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JANE R. DAUGHETY, ETC., appellant, v. ST. MARY'S HOSPITAL OF BROOKLYN, ET AL., respondents.

DECISION ORDER

ORDERED that the appeal is dismissed, with one bill of costs.

The plaintiff's motion, denominated as one for renewal and reargument, was not based upon new facts that were unavailable to her at the time she opposed the defendants' motions for summary judgment (see Muro v. Bay Ready Mix Supplies, 282 A.D.2d 584; Bossio v. Fiorillo, 222 A.D.2d 476, 477). Therefore, the motion was, in effect, one for leave to reargue, the denial of which is not appealable (see Muro v. Bay Ready Mix Supplies, supra; Bossio v. Fiorillo, supra).

S. MILLER, J.P., SCHMIDT, TOWNES and CRANE, JJ., concur.

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DAUGHETY v. ST. MARY'S HOSPITAL
(Jan 21, 2003)