Appellate Division of the Supreme Court of New York, 1990

Vacca v. Valerino

Vacca v. Valerino
Appellate Division of the Supreme Court of New York · Decided May 11, 1990
161 A.D.2d 1143
Vacca v. Valerino

Opinion of the Court

Appeal unanimously dismissed without costs. Memorandum: Although the appeal is from a motion designated as one to "renew”, it is properly an appeal from a motion to reargue because plaintiffs submitted no new facts in support of the motion. An order denying a motion to reargue is not appealable (Matter of Jones v Marcy, 135 AD2d 887, 888). (Appeal from order of Supreme Court, Onondaga County, Inglehart, J.—renewal.) Present—Doerr, J. P., Boomer, Green, Lawton and Lowery, JJ.

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