GORMEL v. PRUDENTIAL INSURANCE CO. OF AM

Motion to dismiss denied, with leave to renew upon the argument of the appeal. Memorandum: An order resettling a prior order is appealable provided, however, that it "contain[s] a change that is a material one so as to be, in effect, a new determination, thereby creating a corresponding new right to appeal" (Matter of Kolasz v. Levitt, 63 A.D.2d 777, 779; see, Singer v. Board of Educ., 97 A.D.2d 507; May v. May, 66 A.D.2d 918).