Opinion
June 3, 1985
Appeal from the Supreme Court, Suffolk County (Geiler, J.).
Appeal dismissed, with costs.
No appeal lies from an order denying reargument. Special Term properly determined that the motion before it was one for reargument. The affidavits of plaintiff and his parents submitted in support of the application contained no new evidentiary facts which were unavailable at the time of the original application ( see, Frank v. Gessel, 108 A.D.2d 896; Foley v. Roche, 68 A.D.2d 558). Thus, no appeal lies from the denial of the motion. Mangano, J.P., Brown, Niehoff and Lawrence, JJ., concur.