Opinion
May 11, 1992
Appeal from the Supreme Court, Suffolk County (Namm, J.).
Ordered that the appeal is dismissed, with costs.
Although the branch of the plaintiffs' motion under review was labeled as one for "reargument and/or rehearing", it was not based upon new facts and therefore actually sought reargument, the denial of which is not appealable (see, Matter of State Farm Mut. Auto. Ins. Co. v. Barbera, 161 A.D.2d 599; Puccini v. Owens-Illinois Glass Co., 146 A.D.2d 758). Sullivan, J.P., Balletta, Eiber and O'Brien, JJ., concur.