Opinion
Motion No: CA 14-01669
10-30-2014
ROBERT STREETER AND CATHERINE STREETER, AS WIFE OF ROBERT STREETER, PLAINTIFFS-APPELLANTS, v. VIP STRUCTURES, INC. AND SYRACUSE UNIVERSITY, DEFENDANTS-RESPONDENTS.
PRESENT: , SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondents having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on July 29, 2014, on the ground that appellants may not appeal the denial of a motion to reargue,
Now, upon reading and filing the affidavit of Keith M. Frary, Esq., sworn to September 12, 2014, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Memorandum: "An order denying a motion to reargue is not appealable" (see Empire Ins. Co. v Food City, 167 AD2d 983). In addition, inasmuch as Supreme Court's order sua sponte denied other relief, it is not appealable as of right (see Sholes v Meaher, 100 NY2d 333, 335).
Entered: October 30, 2014
Frances E. Cafarell, Clerk