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IN THE MATTER OF COREGIS INSURANCE COMPANY, petitioner-respondent, v. LOUIS MICELI, appellant, ALLSTATE INSURANCE COMPANY, et al., respondents-respondents.

Upon the papers submitted in support of the motions and the papers submitted in opposition thereto, it is

ORDERED that the motions are granted and all references in the appellant's record and brief to the order dated June 11, 2001, and the underlying motion papers, which includes pages 246-369 of the record, are stricken as dehors the record.

Because no new facts were presented in connection with the appellant's motion for leave to renew and reargue before the Supreme Court, the court properly characterized the motion as one for reargument (see Diorio v. City of New York, 202 A.D.2d 625, 626). No appeal lies from an order denying reargument (see Nelson v. Bushwick Family Health Center, 87 A.D.2d 837, 838). Accordingly, all references to the order of the court denying reargument and the underlying motion papers contained in the appellant's record and brief are stricken.

PRUDENTI, P.J., SMITH, FRIEDMANN and ADAMS, JJ., concur.

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IN RE COREGIS INSURANCE CO. v. MICELI
(Jun 18, 2002)