Opinion
August 23, 1999.
Appeal from the Supreme Court, Dutchess County (Beisner, J.).
Ordered that the appeal from the order dated August 26, 1998, is dismissed, as no appeal lies from an order denying reargument; and it is further,
Ordered that the order dated March 3, 1998, is affirmed; and it is further,
Ordered that Allstate Insurance Company is awarded one bill of costs.
We agree with the Supreme Court that the appellant failed to demonstrate that he did not have a full and fair opportunity to litigate the issue of whether he sustained a serious injury within the meaning of Insurance Law § 5102 (d) in an earlier arbitration proceeding arising from the same accident. Thus, he is precluded from relitigating that issue in this proceeding ( see, Dimacopoulos v. Consort Dev. Corp., 158 A.D.2d 658).
In addition, the appellant failed to offer a valid excuse for not submitting the additional facts upon which the motion denominated as one to renew and reargue was based in opposition to the petition to stay arbitration. Thus, the motion was in actuality one for reargument, the denial of which is not appealable ( see, Misek-Falkoff v. Village of Pleasantville, 207 A.D.2d 332).
Bracken, J. P., Thompson, Goldstein, McGinity and Schmidt, JJ., concur.