Opinion
June 16, 1997
Appeal from the Supreme Court, Westchester County (Coppola, J.).
Ordered that the appeals by the defendant Lori Gubitosi are dismissed for failure to perfect the same in accordance with the rules of this Court (see, 22 NYCRR 670.8 [a], [e]); and it is further,
Ordered that the judgment is affirmed insofar as appealed from by the defendant Janet Iraci; and it is further,
Ordered that the appeal by the defendant Janet Iraci from the order is dismissed; and it is further,
Ordered that plaintiff is awarded one bill of costs.
Contrary to the contention of the defendant Janet Iraci, the Supreme Court properly imposed a constructive trust (see, Bankers Sec. Life Ins. Socy. v. Shakerdge, 49 N.Y.2d 939; Byrd v Brown, 208 A.D.2d 582; Ladone v. Ladone, 121 A.D.2d 512). The Supreme Court also properly awarded Iraci the sum of $25,000.
Iraci's motion for "reconsideration" was essentially one for reargument, and no appeal lies from an order denying reargument (see, Green Point Sav. Bank v. Dockery, 238 A.D.2d 310).
O'Brien, J.P., Thompson, Pizzuto and Friedmann, JJ., concur.