Opinion
2006-1865 S C.
Decided March 11, 2008.
Consolidated appeal from orders of the District Court of Suffolk County, Sixth District (Gigi A. Spelman, J.), dated August 9, 2006 and October 25, 2006. The order dated August 9, 2006 denied plaintiff's motion "for reconsideration and amendment" of an order dated October 21, 2005 denying plaintiff's motion to vacate a default and to restore the case to the calendar. The order dated October 25, 2006, insofar as appealed from as limited by the brief, denied plaintiff's motion for "leave to refile" the action.
Appeal from order dated August 9, 2006 dismissed.
PRESENT: McCABE, J.P., TANENBAUM and MOLIA, JJ.
Order dated October 25, 2006, insofar as appealed from, affirmed without costs.
Plaintiff's motion "for reconsideration and amendment" of the order denying his motion to vacate an order entered upon default was, in effect, a motion for leave to reargue, the denial of which is not appealable ( see Bossio v Fiorillo, 222 AD2d 476).
With respect to plaintiff's motion for "leave to refile" the action, which was denied by the order dated October 25, 2006, we agree with the court below that the motion lacks merit. Accordingly, the order, insofar as appealed from, is affirmed.
McCabe, J.P., Tanenbaum and Molia, JJ., concur.