Opinion
Submitted May 16, 2001.
July 9, 2001.
In a proceeding pursuant to CPLR article 75 to stay arbitration of a claim for uninsured motorist benefits, John Taddeo appeals from (1) an order of the Supreme Court, Nassau County (Carter, J.), entered September 1, 1999, which granted the petition and permanently stayed the arbitration, and (2) an order of the same court, entered January 5, 2000, which denied his motion, inter alia, for leave to renew and/or reargue the prior motion.
Rovegno Taylor, P.C., Forest Hills, N.Y. (Robert B. Taylor of counsel), for appellant.
Marshall Marshall, Jericho, N.Y. (Richard Steigman of counsel), for respondent.
Before: DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, LEO F. McGINITY, BARRY A. COZIER, JJ.
ORDERED that the appeal from so much of the order entered January 5, 2000, as denied that branch of the motion which was for leave to reargue is dismissed, as no appeal lies from an order denying a motion for leave to reargue; and it is further,
ORDERED that the order entered January 5, 2000, is affirmed insofar as reviewed; and it is further,
ORDERED that the order entered September 1, 1999, is affirmed; and it is further,
ORDERED that the respondent is awarded one bill of costs.
The Supreme Court properly granted the petition and permanently stayed the arbitration (see, Matter of American Home Assur. Co. v. Wai I. Wong, 249 A.D.2d 301; Sloan v. Schoen, 251 A.D.2d 319). It also properly denied the motion, inter alia, for leave to renew, as the appellant offered no reasonable excuse as to why the evidence submitted with the motion was not previously submitted in opposition to the petition (see, CPLR 2221[e][3]; Cannistra v. Gibbons, 224 A.D.2d 570, 571; see also, Inuk Lee v. Ogden Allied Maintenance Corp., 226 A.D.2d 226, 227; Mangine v. Keller, 182 A.D.2d 476, 477).
RITTER, J.P., ALTMAN, McGINITY and COZIER, JJ., concur.