Opinion
2007-445 S C.
Decided May 27, 2008.
Appeal from an order of the District Court of Suffolk County, First District (James P. Flanagan, J.), dated January 23, 2007. The order denied plaintiff's motion for leave to reargue.
Appeal dismissed.
PRESENT: RUDOLPH, P.J., TANENBAUM and MOLIA, JJ.
After an arbitration proceeding was held pursuant to the rules of the Fee Dispute Resolution Program (Rules of the Chief Administrator [22 NYCRR] part 137), plaintiff commenced the instant action, seeking de novo review of the arbitrator's award rendered in that proceeding ( see Rules of the Chief Administrator [ 22 NYCRR] § 137.8
[a]). Subsequently, defendant successfully moved for summary judgment dismissing the complaint, and plaintiff moved for reargument. Since the lower court denied her motion to reargue, plaintiff's appeal from such order must be dismissed, as no appeal lies from an order denying reargument ( Malik v Campbell, 289 AD2d 540; Grace v Anker Mgt. , 8 Misc 3d 132[A], 2005 NY Slip Op 51085[U] [App Term, 9th 10th Jud Dists 2005]).