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JOSHUA HAUGHTON et al., Appellants, v. F.W.D. CORP. et al., Respondents. (And a Third-Party Action.)

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

We find that contrary to the plaintiffs' contention, their motion was for reargument of a prior motion which was denied by an order of the Supreme Court, Kings County (Greenstein, J.), entered November 7, 1990. The motion to reargue was made after the time to take the appeal from the order entered November 7, 1990, had expired and was therefore untimely, since it is well settled that a motion to reargue cannot be used to extend the time to appeal (see, Catalogue Serv. v Insurance Co., 90 A.D.2d 838). Sullivan, J.P., Balletta, Lawrence and Joy, JJ., concur.

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HAUGHTON v. F.W.D. CORP
(May 24, 1993)