Ordered that the order is affirmed insofar as appealed from, with costs.
In making a motion denominated as one to renew and reargue, the appellant offered only evidence that had been in his possession when he had opposed the insurance carrier's petition. His motion was, therefore, correctly deemed a motion to reargue. Although the court stated that the motion was denied, the court, in fact, addressed its merits. Consequently, the order is appealable (see, CPLR...
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