Opinion
2002-06053
Submitted June 13, 2003.
August 18, 2003.
In an action for a divorce and ancillary relief, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Barques, J.), dated May 22, 2002, as, upon reargument, adhered to a prior determination in an order of the same court dated March 21, 2002, regarding an award of prejudgment interest, and as denied that branch of his motion which was for leave to renew and reargue the plaintiff's motion to increase monthly maintenance by the nontaxable sum of $6,500.
Alexander Potruch, LLC, Mineola, N.Y., for appellant.
Koopersmith Brown, LP, Lake Success, N.Y. (Kenneth Koopersmith of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., LEO F. McGINITY, SANDRA L. TOWNES, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the appeal from so much of the order as denied leave to reargue is dismissed, without costs or disbursements, as no appeal lies from an order denying leave to reargue, and in any event, it is academic in light of our decision on the appeal and cross appeal from the amended judgment (see Ventimiglia v. Ventimiglia, 307 A.D.2d 993 [Appellate Division Docket No. 2002-04462, decided herewith]); and it is further,
ORDERED that the appeal from so much of the order as denied leave to renew is dismissed as academic, without costs or disbursements, in light of our decision on the appeal and cross appeal from the amended judgment (see Ventimiglia v. Ventimiglia, supra); and it is further,
ORDERED that the order is affirmed insofar as reviewed, without costs or disbursements.
The award of prejudgment statutory interest was a provident exercise of the Supreme Court's discretion ( see Love v. State of New York, 78 N.Y.2d 540; Selinger v. Selinger, 232 A.D.2d 471).
SANTUCCI, J.P., McGINITY, TOWNES and MASTRO, JJ.