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BOYER v. PACIFICO

5 A.D.3d 419 (2004)

772 N.Y.S.2d 609

SERGEY BOYER, Appellant, v. MARY PACIFICO, Respondent.

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

March 8, 2004.

Ordered that the appeal is dismissed, without costs or disbursements.

The plaintiff's motion, denominated as one for leave to renew and reargue, was not based on new facts which were unavailable to him at the time of the defendant's motion to dismiss and his prior cross motion to restore the case to the trial calendar. Therefore, the motion was, in effect, one for leave to reargue, the denial of which is not appealable (see Ali v Tip Top Tows,

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