Opinion
June 29, 1998
Appeal from the Supreme Court, Richmond County (Radin, J.H.O.).
Ordered that the order is affirmed, with costs.
A motion for reargument is addressed to the sound discretion of the court which decided the prior motion and may be granted upon a showing that the court overlooked or misapprehended the facts or law or for some other reason mistakenly arrived at its earlier decision ( see, Rodney v. New York Pyrotechnic Prods. Co., 112 A.D.2d 410, 411; Foley v. Roche, 68 A.D.2d 558). The Supreme Court providently exercised its discretion in granting reargument since it failed to make a determination of child support arrears as directed in the order of reference dated September 26, 19.95 ( see, Joosten v. Gale, 129 A.D.2d 531, 533).
The defendant's remaining contention involves matters dehors the record and will not be considered ( see, Leis v. Finkelstein, 205 A.D.2d 738; Mulligan v. Lackey, 33 A.D.2d 991).
Bracken, J. P., Copertino, Santucci, Florio and McGinity, JJ., concur.