ITALIAN AMERICAN CIVIC ASS'N. v. CATALDO

Ordered that the appeal is dismissed, with costs.

Although the defendant's cross motion is denominated as one to vacate, inter alia, a prior order on the ground of misrepresentation (see, CPLR 5015 [a] [3]), the cross motion is actually a cross motion to reargue, the denial of which is not appealable (see, Robinson v. Laurent, 205 A.D.2d 517; Continental Bank v. J.D.S. Vendor Servs., 201 A.D.2d 527). Balletta, J.P., Rosenblatt, Ritter and Pizzuto, JJ., concur.