Opinion
April 7, 1986
Appeal from the Supreme Court, Queens County (Hyman, J.).
Appeal from the order dated May 16, 1985 dismissed, without costs or disbursements. No appeal lies from an order denying reargument of a decision (see, Matter of Metropolitan Prop. Liab. Ins. Co. v. Boisette, 105 A.D.2d 785; De Falco v. JRS Confectionary, 118 A.D.2d 752; Fluman v. TSS Dept. Stores, 100 A.D.2d 838).
Order dated June 10, 1985 modified, by deleting the provision requiring the plaintiff's attorney to pay $40 costs. As so modified, order affirmed, without costs or disbursements.
While we are compelled to affirm most of the order dated June 10, 1985 on technical grounds, we are deleting the imposition of costs and note with disfavor the respondents' utterly dilatory conduct in this case. Furthermore, the motion leading up to the June 10 order should have been referred to Justice LeVine. Lazer, J.P., Thompson, Niehoff and Kunzeman, JJ., concur.