Opinion
May 18, 1999
Appeal from order, Supreme Court, New York County (Charles Ramos, J.).
Petitioner's motion for reconsideration of his dismissed petition, which motion merely argued that the court had misapprehended certain facts on its initial consideration of the petition, is properly viewed as a motion for reargument, the denial of which is not appealable ( see, Bittorf v. 225 W. End Ave. Assocs., 232 A.D.2d 344; Berman v. Szpilzinger, 180 A.D.2d 612).
In any event, were we to review the merits of the petition, respondent's determination would be upheld.
Concur — Rosenberger, J. P., Williams, Rubin and Friedman, JJ.