ACKERMANN v. TOWN OF RIVERHEAD

Ordered that the appeal is dismissed, with costs, as no appeal lies from an order denying reargument.

While denominated a motion to restore the case to the trial calendar and characterized by the court as a motion to reargue and/or renew, the plaintiff's motion was actually one to reargue his prior motion to restore the case to the calendar. Consequently, the order denying his motion is not appealable ( see, McGill v. Polytechnic Univ., 235 A.D.2d 402; King v. Rockaway One Co., 202 A.D.2d 395).

Bracken, J. P., Pizzuto, Altman, Krausman and Lerner, JJ., concur.