ACKERMANN v. TOWN OF RIVERHEAD


245 A.D.2d 404 (1997)

666 N.Y.S.2d 471

John R. Ackermann, Appellant, v. Town of Riverhead, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 15, 1997


Ordered that the appeal is dismissed, with costs, as no appeal lies from an order denying reargument.

While denominated a motion to restore the case to the trial calendar and characterized by the court as a motion to reargue and/or renew, the plaintiff's motion was actually one to reargue his prior motion to restore the case to the calendar. Consequently, the order denying his motion is not appealable (see, McGill v Polytechnic Univ.,

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