DeMEO v. COUNTY OF SUFFOLK

ORDERED that the appeal is dismissed, without costs or disbursements.

The plaintiffs motion, although characterized as one for renewal and reargument of the plaintiff's motion to restore the action to the trial calendar, was in actuality a motion for reargument since it was not based upon new facts which were unavailable at the time of the original motion, the denial of which is not appealable ( see, Wodecki v. Carty, 167 A.D.2d 398; Huttner v. McDaid, 151 A.D.2d 547; Mgrditchian v. Donato, 141 A.D.2d 513).