Gormel v. Prudential Insurance of America

Motion to dismiss denied, with leave to renew upon the argument of the appeal. Memorandum: An order resettling a prior order is appealable provided, however, that it "contain[s] a change that is a material one so as to be, in effect, a new determination, thereby creating a corresponding new right to appeal” (Matter of Kolasz v Levitt, 63 AD2d 777, 779; see, Singer v Board of Educ., 97 AD2d 507; May v May, 66 AD2d 918). PresenLCallahan, J. P., Doerr, Boomer, Green and Davis, JJ.