Opinion
1349
Decided January 15, 2002
Motion for reargument denied. Inasmuch as the November 1999 Appellate Division order was nonfinal, this Court did not have jurisdiction to entertain a motion for leave to appeal from that order and accordingly dismissed plaintiffs' March 2000 motion for leave to appeal from that order ( 95 N.Y.2d 791). The Court of Appeals thus treated plaintiffs' August 2001 motion for leave to appeal, which plaintiffs noticed as being from the November 1999 order, as being from the July 2001 final Appellate Division order to bring up for review, if appropriate, the prior nonfinal November 1999 Appellate Division order. This Court previously had reviewed the November 1999 order on plaintiffs' June 2000 motion for leave to appeal from the final Supreme Court judgment pursuant to CPLR 5602(a)(1)(ii) and denied leave to appeal ( 95 N.Y.2d 860). Thus, this Court did not have jurisdiction of plaintiffs' August 2001 motion seeking such review (see, Parker v. Rogerson, 35 N.Y.2d 751; Karger, Powers of the New York Court of Appeals, § 51 [3d ed]).