Opinion
Submitted November 30, 2000.
December 19, 2000.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Alpert, J.), dated August 5, 1999, which denied their motion, in effect, for leave to reargue a prior motion which was determined by an order of the same court dated March 24, 1999.
Arthur Best and Debra Best, Freeport, N.Y., appellants pro se.
L'Abbate, Balkan, Colavita Contini, LLP, Garden City, N Y (Matthew K. Flanagan of counsel), for nonparty-respondents.
Before: FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, GLORIA GOLDSTEIN, LEO F. McGINITY, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed, with costs.
The plaintiffs' motion was not based upon new evidence which was unavailable at the time of the original motion. Thus, it was actually a motion for reargument (see,, Citibank v. Olson, 204 A.D.2d 381; Chiarella v. Quitoni, 178 A.D.2d 500). The appeal must therefore be dismissed, as no appeal lies from an order denying reargument (see, Schumer v. Levine, 208 A.D.2d 605, 606).