Opinion
April 20, 1998
Appeal from the Supreme Court, Suffolk County (Doyle, J.)
Ordered that the appeal is dismissed, without costs or disbursements.
The plaintiffs' motion, denominated as one for renewal and reargument of their prior motion for leave to serve a further bill of particulars, was not based upon new facts which were unavailable at the time they submitted their original motion for leave to serve a further bill of particulars ( see, Bossio v. Fiorillo, 222 A.D.2d 476). Therefore, the motion is really for reargument, and an order denying such a motion is not appealable.
Rosenblatt, J.P., Sullivan, Joy, Altman and Luciano, JJ.,