Opinion
October 20, 1954.
Appeal from Supreme Court, Albany County.
The appellant sought an order annulling a determination of the respondents, made pursuant to section 219 Correct. of the Correction Law, requiring him to serve in prison the portion remaining of the maximum term of a prior sentence before beginning to serve a sentence for a felony committed while on parole. The application was dismissed on the ground that it was barred by the Statute of Limitations (Civ. Prac. Act, § 1286). A notice of appeal from the order of dismissal was served and, subsequently, the motion for reargument was made. An appeal does not lie from an order denying a motion to reargue and therefore the appeal is dismissed, without costs. If the appeal was properly taken and is still pending, the appellant, if he desires, may perfect the appeal from the order of dismissal. Bergan, J.P., Coon, Halpern, Imrie and Zeller, JJ., concur.