STEIN v. COUNTY OF WESTCHESTER

Ordered that the appeal is dismissed, with costs.

Since the plaintiff's motion was not based upon new facts which were unavailable at the time he submitted his original motion for leave to amend the complaint, it was not a motion for renewal, but a motion for reargument (see, Spear v. Herbert, 152 A.D.2d 558), the denial of which is not appealable (see, De Freitas v. Board of Educ., 129 A.D.2d 672). Thompson, J.P., Brown, Harwood and Balletta, JJ., concur.