MATTER OF JAMES v. RODRIGUEZ

In moving for reconsideration, petitioner presented no new material facts but merely alluded to facts already in the record before Supreme Court. The motion was therefore clearly one for reargument. Because the denial of a motion to reargue is not appealable, the appeal must be dismissed (see, Vernooy v Vernooy, 138 A.D.2d 913; Nulman v Hall, 115 A.D.2d 837).

Mikoll, J.P., Yesawich Jr., Mercure, Crew III and Harvey, JJ., concur. Ordered that the appeal is dismissed, without costs.