Opinion
2002-04271
Argued April 8, 2003.
May 5, 2003.
In a proceeding pursuant to CPLR article 75 to permanently stay an uninsured motorist arbitration, Integon Preferred Insurance Company appeals from an order of the Supreme Court, Nassau County (McCarty, J.), dated April 5, 2002, which denied its motion denominated as one for leave to renew and reargue, but which was, in effect, solely a motion for leave to reargue its prior motion to vacate its default in appearing in this proceeding, which was denied in an order of the same court, entered September 24, 2001.
McCabe, Collins, McGeough Fowler, LLP, Mineola, N.Y. (Patrick J. Engle of counsel), for appellant.
McDonnell, Adels Goodstein, P.C. (Anita Nissan Yehuda, Roslyn Heights, N.Y., of counsel), for petitioner-respondent.
Law Offices of Neil Moldovan, P.C., Carle Place, N.Y. (David Stand of counsel), for respondents-respondents.
Before: A. GAIL PRUDENTI, P.J., DAVID S. RITTER, SANDRA J. FEUERSTEIN, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed, with one bill of costs to the respondents appearing separately and filing separate briefs, as no appeal lies from an order denying reargument.
The motion of the appellant, Integon Preferred Insurance Company (hereinafter Integon), denominated as one for leave to rearge and renew, was not based on new facts which were unavailable at the time of the prior motion. Since Integon did not provide a valid excuse for the failure to offer this additional evidence on the earlier motion, the motion was solely a motion to reargue, the denial of which is not appealable (see Matter of Calverton Indus. v. Town of Riverhead, 278 A.D.2d 319, 320; Sallusti v. Jones, 273 A.D.2d 293, 294; Bossio v. Fiorillo, 222 A.D.2d 476, 477).
PRUDENTI, P.J., RITTER, FEUERSTEIN and CRANE, JJ., concur.