Opinion
May 21, 1984
In an action for a permanent mandatory injunction, defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Morrison, J.), entered December 2, 1982, as denied their motion, denominated as one for resettlement of a prior order of the same court dated June 16, 1982, but which, in effect, sought reargument of the prior motion. ¶ Appeal dismissed, with costs. ¶ The motion for resettlement was, in reality, a motion for reargument, and inasmuch as no appeal lies from the denial of a motion to reargue, we have dismissed the appeal (see Matter of Huie [ Furman], 20 N.Y.2d 568, mot to amend remittitur granted 21 N.Y.2d 1036; Holiday v Harrows, Inc., 91 A.D.2d 1062; Catalogue Serv. of Westchester v Insurance Co., 90 A.D.2d 838; Foley v Roche, 68 A.D.2d 558). In any case, an order denying a motion for resettlement is not appealable (see Cohn v Cohn, 100 A.D.2d 528). Titone, J.P., Gibbons, Brown and Lawrence, JJ., concur.