Opinion
September 15, 1986
Appeal from the Supreme Court, Kings County (Lodato, J.).
Appeal dismissed, without costs or disbursements.
In a prior cross motion dated June 1, 1984, the plaintiff sought essentially the same relief, that is, the production of documents and records, including time records, in the possession of its former attorneys, the respondent Tunstead, Schechter Torre. Before a decision was rendered on that cross motion, the attorneys did deliver to the plaintiff their files in this action, with the exception of their time records. The cross motion was thereafter set down for a hearing by order of the Supreme Court, Kings County (Miller, J.), dated August 30, 1984.
Although not denominated as such, the plaintiff's instant motion for the production of the attorneys' time sheets is in reality a motion to reargue the prior cross motion which was set down for a hearing. It is well settled that no appeal lies from an order denying reargument, and the plaintiff's appeal must therefore be dismissed (see, Alessi v County of Nassau, 100 A.D.2d 561, 562). Lazer, J.P., Mangano, Bracken and Kooper, JJ., concur.