Opinion
April 20, 1987
Appeal from the Supreme Court, Kings County (Schneier, J.).
Ordered that the order dated August 6, 1986 is affirmed; and it is further,
Ordered that the appeal from the order dated September 4, 1986, is dismissed, as no appeal lies from an order denying reargument, and it is further,
Ordered that the respondent is awarded one bill of costs.
The record establishes that the defendant was well aware that her option to purchase the plaintiff's one-half interest in the former marital premises would expire on December 24, 1985, yet she took no steps to exercise that option within the requisite time. It further appears that she was still unable or unwilling to exercise that option in June 1986 when Special Term afforded her another opportunity to do so. Therefore, Special Term correctly determined that the right had been forfeited, and that the premises should be sold to a third party and the proceeds divided, in accordance with the terms of the supplementary judgment, dated December 12, 1985.
We have considered the defendant's other contentions and have found them to be without merit. Thompson, J.P., Weinstein, Kunzeman and Harwood, JJ., concur.