DeFREITAS v. BOARD OF EDUCATION

Ordered that the appeal is dismissed, with costs.

The information in the affidavits submitted in support of the defendant's motion was clearly available to the defendant at the time of its original cross motion. The defendant, nevertheless, failed to provide, as is required, any explanation as to why these affidavits, which were submitted by persons having direct knowledge of the facts alleged, were not presented as a part of the earlier cross motion (see, Brann v City of New York, 96 A.D.2d 923; Champlain Val. Elec. Supply Co. v Miller, 89 A.D.2d 1036; Foley v Roche, 68 A.D.2d 558). Consequently, the defendant's motion was in effect for reargument. Since no appeal lies from an order denying reargument, the appeal must be dismissed. Thompson, J.P., Brown, Niehoff and Rubin, JJ., concur.