Opinion
June 10, 1998
Appeal from Order of Supreme Court, Chautauqua County, Ward, J. — Amend Pleading.
Present — Pine, J. P., Lawton, Wisner, Callahan and Fallon, JJ.
Appeal from order insofar as it denied reargument unanimously dismissed and order affirmed without costs. Memorandum: Plaintiff argues on appeal that Supreme Court erred in denying that part of his motion seeking reargument. That part of the order is not appealable (see, Empire Ins. Co. v. Food City, 167 A.D.2d 983, 984).
Because the proposed amended pleading is completely devoid of merit on its face, the court did not err in denying that part of plaintiffs motion seeking leave to amend the complaint (see, Ramundo v. Town of Guilderland, 108 A.D.2d 995, 996).
Finally, the court properly determined that plaintiff's motion to reargue and to amend the complaint constituted frivolous conduct. The court thus properly exercised its discretion in imposing sanctions and costs (see, Breslaw v. Breslaw, 209 A.D.2d 662).