IOCOVELLO v. CITY OF NEW YORK


272 A.D.2d 201 (2000)

708 N.Y.S.2d 294

JOSEPH IOCOVELLO, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided May 18, 2000.


Since petitioner failed to set forth new or additional facts in support of his motion, the motion was properly considered, and denied in the appealed order, as one for reargument only. It follows that petitioner's appeal must be dismissed, since no appeal lies from the denial of reargument (see, Mariani v Dyer, 193 A.D.2d 456, 458, lv denied 82 N.Y.2d 658). In any case, were the appealed order reviewable, we would affirm because...

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