The order appealed from is a denial of defendant Jo Ann Silverstein's motion for reargument, denominated as one for reconsideration, of a prior order of Judicial Hearing Officer Postel, which denied her request to compel the sale to her of certain property jointly owned by the parties. We are unable to address the merits of this matter, since no appeal lies from an order denying a motion for reargument. Additionally, because no new facts were presented on this motion which were unavailable to defendant at the time of the original motion, the order cannot be deemed a denial of a motion for renewal, from which an appeal may lie. (See, Foley v. Roche, 68 A.D.2d 558, 568.) Accordingly, the appeal must be dismissed.
Concur — Murphy, P.J., Kupferman, Carro, Wallach and Smith, JJ.