Opinion
Argued November 1, 1999
December 13, 1999
In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of the Family Court, Westchester County (Cooney, J.), entered September 9, 1998, which denied the appellant's motion to resettle the decretal paragraph of an order of the same court, entered March 16, 1998, granting the Presentment Agency's application to withdraw the petition and marking the petition withdrawn.
J. Henry Neale, Jr., White Plains, N.Y., for appellant.
Alan D. Sheinkman, County Attorney, White Plains, N.Y. (Stacey Dolgin-Kmetz and Thomas G. Gardiner of counsel), for respondent.
GUY JAMES MANGANO, P.J., DAVID S. RITTER, GLORIA GOLDSTEIN, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed, without costs or disbursements.
The appellant moved to resettle the decretal paragraph of an order entered March 16, 1998, granting the Presentment Agency's application to withdraw the petition to provide that the petition is dismissed. No appeal lies from an order denying a motion to resettle the substantive or decretal portions of a prior order (see, Matter of Vacca v. Board of Mgrs. of Primrose Lane Condominium, 251 A.D.2d 674 ; Scopelliti v. Scopelliti, 250 A.D.2d 752 ;EQK Green Acres v. United States Fid. Guar. Co., 248 A.D.2d 667 ;Gifaldi v. Dumont Co., 172 A.D.2d 1025 ; Kay-Fries, Inc. v. Martino, 73 A.D.2d 342 ).
MANGANO, P.J., RITTER, GOLDSTEIN, and H. MILLER, JJ., concur.