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IN THE MATTER OF ALLSTATE INSURANCE COMPANY, respondent, v. JOHN TADDEO, appellant.

ORDERED that the appeal from so much of the order entered January 5, 2000, as denied that branch of the motion which was for leave to reargue is dismissed, as no appeal lies from an order denying a motion for leave to reargue; and it is further,

ORDERED that the order entered January 5, 2000, is affirmed insofar as reviewed; and it is further,

ORDERED that the order entered September 1, 1999, is affirmed; and it is further,

ORDERED that the respondent is awarded one bill of costs.

The Supreme Court properly granted the petition and permanently stayed the arbitration (see, Matter of American Home Assur. Co. v. Wai I. Wong, 249 A.D.2d 301; Sloan v. Schoen, 251 A.D.2d 319). It also properly denied the motion, inter alia, for leave to renew, as the appellant offered no reasonable excuse as to why the evidence submitted with the motion was not previously submitted in opposition to the petition (see, CPLR 2221[e][3]; Cannistra v. Gibbons, 224 A.D.2d 570, 571; see also, Inuk Lee v. Ogden Allied Maintenance Corp., 226 A.D.2d 226, 227; Mangine v. Keller, 182 A.D.2d 476, 477).

RITTER, J.P., ALTMAN, McGINITY and COZIER, JJ., concur.

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MATTER OF ALLSTATE INS. CO. v. TADDEO
(Jul 9, 2001)