Opinion
May 26, 1998
Appeal from the Supreme Court, Nassau County (Franco, J.)
Ordered that the appeal from so much of the judgment as awarded to the defendant $245 in disbursements is dismissed; and it is further,
Ordered that the judgment is affirmed insofar as reviewed; and it is further,
Ordered that the appeal from so much of the order dated April 4, 1997, as denied the plaintiff's motion to set aside the decision is dismissed, as no appeal lies from an order denying a motion to set aside a decision ( see, Behrens v. Behrens, 143 A.D.2d 617); and it is further,
Ordered that the order dated April 4, 1997, is affirmed insofar as reviewed; and it is further,
Ordered that the respondent is awarded one bill of costs.
Contrary to the plaintiff's contention, the court did not improvidently exercise its discretion in denying his request for a continuance ( see, Evangelinos v. Reifschneider, 241 A.D.2d 508). The record reflects that the plaintiff had ample opportunity to discover evidence and secure the attendance of witnesses ( see, Balogh v. H.R.B. Caterers, 88 A.D.2d 136).
The appeal from so much of the judgment as is in favor of the defendant for $245 of disbursements taxed by the Clerk must be dismissed. The plaintiff failed to seek judicial retaxation of the disbursements allowed by the Clerk before the Supreme Court, Nassau County ( see, CPLR 8404; Matter of Verga v. Scaduto, 99 A.D.2d 534; cf., Neal v. Wright, 222 A.D.2d 1059).
The plaintiff's remaining contentions are without merit.
Sullivan, J.P., Pizzuto, Aitman and Friedmann, JJ., concur.