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VINCENT FALCI, Respondent, v. JOSEPH BATTISTA, Appellant.

Ordered that the appeal is dismissed, with costs.

The record discloses that the defendant's motion, brought by order to show cause dated April 25, 1996, and denominated as one to vacate a judgment entered upon his default in appearing at trial, is in substance a motion for reargument of his prior application to vacate the judgment. As the denial of a motion for reargument is not appealable (see, Vazem Corp. T/A Paradise Caterers v. Sea Sky Garden, 183 A.D.2d 710; Matter of Dowling v. Bowen, 53 A.D.2d 862), the appeal must be dismissed (see, Fahey v. County of Nassau, 111 A.D.2d 214).

Mangano, P.J., Ritter, Sullivan, Altman and McGinity, JJ., concur.

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FALCI v. BATTISTA
(Jun 2, 1997)