Opinion
Argued June 3, 1999
September 13, 1999
In an action to foreclose a mortgage, the defendant Charles Rizzo appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Roberto, J.), dated June 25, 1998, as denied that branch of his motion which was to resettle the judgment of foreclosure dated May 23, 1995.
Fletcher, Sibell Migatz, P.C., Manhasset, N.Y. (Bruce W. Migatz of counsel), for appellant.
Errol Blank, West Nyack, N.Y., for respondent.
GUY JAMES MANGANO, P.J., CORNELIUS J. O'BRIEN, THOMAS R. and SULLIVAN, GLORIA GOLDSTEIN, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed, without costs or disbursements.
An order denying a motion to resettle the substantive portions of a judgment or order is not appealable ( see, Herzog v. Town of Thompson, 251 A.D.2d 917, 919; Scopelliti v. Scopelliti, 250 A.D.2d 752; EQK Green Acres v. United States Fid. Guar. Co., 248 A.D.2d 667). Accordingly, the appeal is dismissed.
MANGANO, P.J., O'BRIEN, SULLIVAN, and GOLDSTEIN, JJ., concur.