Appellate Division of the Supreme Court of the State of New York, Third Department.
The order appealed from, while designated as the denial of a motion to renew, is in fact, an appeal from a denial of a motion to reargue a prior order which denied reargument; as such, it is nonappealable (see, Salisbury v Smith,
A motion to renew must be based upon new facts (see, Matter of Hooker v Town Bd.,
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