Plaintiffs then made a second motion, denominated as one for summary judgment on the fourth cause of action, seeking the same fees on fees implicitly denied by Judge Perry. Since plaintiffs' second motion for summary judgment "was simply a repeat of [their prior] motion to Judge [Perry], it was, in fact, a motion for reargument" (Cherchio v Alley, 111 AD2d 541, 542 [1985]; see Children's Vil. v Greenburgh Eleven Teachers' Union Fedn. of Teachers, Local 1532, AFT, AFL-CIO, 232 AD2d 355 [1996]; Minott v Nurse, 167 AD2d 334 [1990]; see also U.S. Bank, N.A. v Russell-Esposito, 71 AD3d 1127 [2010]), the denial of which is not appealable (see Foley v Roche, 68 AD2d 558 [1979]; Leckey v McQuade, 13 AD2d 682, 683 [1961]). Accordingly, the appeal is dismissed.
In a proceeding pursuant to article 78 of the Civil Practice Act: (1) to annul determinations of the respondent Building Inspector and of the respondent Board of Zoning Appeals of the Town of Poughkeepsie denying petitioners' application for a variance to permit the construction and maintenance of fuel storage tanks; (2) to declare illegal the 1956 amended Town Zoning Ordinance and Building Inspection Ordinance; and (3) for other relief, petitioners appeal from an order of the Supreme Court, Dutchess County, dated June 14, 1963, which denied their motion "for leave to renew and reargue" their petition as amended. Appeal dismissed, with $10 costs and disbursements. No new or additional facts were presented in the affidavit submitted in support of the motion; therefore it was in fact one for reargument of the prior application. An order denying a motion for reargument is not appealable ( Sellet v. City of Yonkers, 13 A.D.2d 976; Leckey v. McQuade, 13 A.D.2d 682; Polito v. Town of Babylon, 5 A.D.2d 877). Ughetta, Acting P.J., Christ, Brennan, Hill and Rabin, JJ., concur.
No opinion. Appeal from order dismissed, without costs. An order denying reargument is not appealable (cf. Leckey v. McQuade, 13 A.D.2d 682). Ughetta, Acting P.J., Christ, Brennan, Rabin and Hopkins, JJ., concur.