Opinion
October 10, 1995
Appeal from the Supreme Court, Nassau County (Brucia, J.).
Ordered that the appeal is dismissed, with costs.
Although the defendant's cross motion is denominated as one to vacate, inter alia, a prior order on the ground of misrepresentation (see, CPLR 5015 [a] [3]), the cross motion is actually a cross motion to reargue, the denial of which is not appealable (see, Robinson v. Laurent, 205 A.D.2d 517; Continental Bank v. J.D.S. Vendor Servs., 201 A.D.2d 527). Balletta, J.P., Rosenblatt, Ritter and Pizzuto, JJ., concur.