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PETER MINOTT, Plaintiff, v. DORA NURSE et al., Defendants. (Action No. 1.) MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, on Behalf of DORA NURSE et al., Respondents,

Ordered that the appeal is dismissed, with one bill of costs.

The Supreme Court properly determined that the appellant's motion, denominated as one to vacate an order on the ground of excusable default, was actually one for reargument of its prior motion for the same relief (see, Foley v. Roche, 68 A.D.2d 558). Since no appeal lies from the denial of a motion to reargue, the appeal is dismissed (see, McKay v. H.I.P of Greater N.Y., 163 A.D.2d 280; Anchor Sav. Bank v. Alpha Developers, 143 A.D.2d 711). Brown, J.P., Lawrence, Kunzeman and Kooper, JJ., concur.

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MINOTT v. NURSE
(Nov 5, 1990)