EMPIRE INSURANCE COMPANY v. FOOD CITY, INC

Appeal unanimously dismissed without costs. Memorandum: Defendants' motion, designated one to "renew", was, in reality, a motion to reargue, as no new matter was presented which was unavailable to defendants prior to the denial of their original motion (see, Galaxy Export v. Bedford Textile Prods., 89 A.D.2d 576; see also, Gulledge v. Adams, 108 A.D.2d 950). An order denying a motion to reargue is not appealable (Siegel, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C2221:9, at 185; see, Fahey v. County of Nassau, 111 A.D.2d 214).