MEMORANDUM AND ORDER
Petitioner, a prison inmate, commenced this proceeding challenging a determination denying a request for visitation from his mother, who was then participating in a temporary release program at the facility where she was incarcerated. By judgment entered July 8, 1998, Supreme Court dismissed the petition and petitioner did not file a notice of appeal. Petitioner then moved for reconsideration. The court denied the motion in a judgment entered December 17, 1998 and petitioner now appeals from this denial.
To the extent that petitioner's motion can be construed as one for renewal, we find that it "fails to allege any new or previously unknown facts, [thus,] it must be considered a motion for reargument and not a motion for renewal" (Suarez v. State of New York, 193 A.D.2d 1037, 1037; see, Matter of Syblis v. New York State Bd. of Parole, 240 A.D.2d 821, 822; Matter of Johnson v. Coombe, 236 A.D.2d 669). Inasmuch as no appeal lies from the denial of a motion to reargue, we conclude that the appeal must be dismissed (see, Matter of James v. Rodriguez, 193 A.D.2d 990).
Mercure, J.P., Crew III, Carpinello, Graffeo and Mugglin, JJ., concur.
ORDERED that the appeal is dismissed, without costs.