Opinion
03-20-2015
Laurie R. MILLER and George K. Miller, Doing Business as Pine Hill Stables, Plaintiffs–Respondents, v. Doris LUDWIG, et al., Defendants, and Mary Morrison, Defendant–Appellant.
Law Office of Tonie M. Franzese, P.C., Northville, Michigan (Tonie M. Franzese, of the Michigan and California Bars, Admitted Pro Hac Vice, of Counsel), for Defendant–Appellant. Christopher C. Shambo, Ballston Spa (Alexander Phengsiaroun of Counsel), for Plaintiffs–Respondents.
Law Office of Tonie M. Franzese, P.C., Northville, Michigan (Tonie M. Franzese, of the Michigan and California Bars, Admitted Pro Hac Vice, of Counsel), for Defendant–Appellant.
Christopher C. Shambo, Ballston Spa (Alexander Phengsiaroun of Counsel), for Plaintiffs–Respondents.
Opinion
MEMORANDUM:Although defendant-appellant purports to appeal from an order denying a motion to dismiss, the record establishes that she is actually appealing from an order denying a motion for leave to reargue a prior motion to dismiss. It is well settled that no appeal lies from an order denying a motion for leave to reargue (see MidFirst Bank v. Storto, 121 A.D.3d 1575, 1575, 993 N.Y.S.2d 854 ; Britt v. Buffalo Mun. Hous. Auth., 115 A.D.3d 1252, 1252, 982 N.Y.S.2d 649 ).
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
SMITH, J.P., PERADOTTO, LINDLEY, VALENTINO, and WHALEN, JJ., concur.