Opinion
February 22, 1994
Appeal from the Surrogate's Court, Nassau County (Radigan, S.).
Ordered that the appeal is dismissed, with costs payable by the appellant personally.
The Surrogate accurately noted that the objectant's motion, characterized as one "to renew and reargue", was not based upon new facts which were unavailable at the time of the original motion. Under these circumstances, this Court has held that such a motion is actually a motion to reargue, the denial of which is not appealable (see, e.g., Mgrditchian v. Donato, 141 A.D.2d 513; Matter of Bosco, 141 A.D.2d 639; Matter of Kadish v. Colombo, 121 A.D.2d 722). Accordingly, the instant appeal is dismissed. Thompson, J.P., Rosenblatt, Copertino and Hart, JJ., concur.