Opinion
12-15-2022
Bank of America, N.A., Plaintiff-Respondent, v. Aria R. Turner, Defendant-Appellant.
Unpublished Opinion
PRESENT: Brigantti, J.P., Hagler, Tisch, JJ.
PER CURIAM.
Defendant, as limited by her briefs, appeals from so much of an order of the Civil Court of the City of New York, Bronx County (Matthew P. Raso, J.), dated December 16, 2021, which denied her motion to reargue a prior order, dated April 14, 2021, denying her motion to dismiss the action for lack of personal jurisdiction.
Appeal from order (Matthew P. Raso, J.), dated December 16, 2021, dismissed, without costs, as taken from a nonappealable paper.
Defendant never filed a notice of appeal from the January 2, 2020 order of the court (Naita A. Semaj, J.), which, while vacating her default, denied her motion to dismiss for improper service. Instead, defendant made a second motion to dismiss for improper service. Even if this second motion was proper, defendant did not appeal from the April 14, 2021 order (Matthew P. Raso, J.) denying that motion. Instead defendant purports to appeal from the December 16, 2021 order denying her motion to reargue the April 14, 2021 order. However, no appeal lies from the denial of defendant's latest motion, which was "in actuality, a second attempt to reargue issues decided in the [January 2, 2020 order]," which defendant had not appealed (Rockowitz v Huntington Town House, 283 A.D.2d 630, 631 [2001]; see Robert Marini Bldr. v Rao, 263 A.D.2d 846, 848 [1999]).
In any event, even if the issue was properly before us, we would find that defendant's submissions were insufficient to raise a triable issue of fact as to proper service (see Grinshpun v Borokhovich, 100 A.D.3d 551, 552 [2012], lv denied 21 N.Y.3d 857 [2013]).
All concur.