COUNTY OF MONROE, MTR. OF

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: December 23, 2016
• Docket: CA 16-00017
• Status: Published

Opinion

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

1109 CA 16-00017 PRESENT: WHALEN, P.J., CENTRA, LINDLEY, NEMOYER, AND TROUTMAN, JJ.

IN THE MATTER OF ARBITRATION BETWEEN COUNTY OF MONROE, PETITIONER-RESPONDENT,

AND MEMORANDUM AND ORDER

MONROE COUNTY FEDERATION OF SOCIAL WORKERS, IUE-CWA LOCAL 381, RESPONDENT-APPELLANT.

TREVETT CRISTO SALZER & ANDOLINA, P.C., ROCHESTER (DANIEL P. DEBOLT OF COUNSEL), FOR RESPONDENT-APPELLANT.

HARRIS BEACH PLLC, PITTSFORD (KYLE W. STURGESS OF COUNSEL), FOR PETITIONER-RESPONDENT.

Appeal from an order of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered June 2, 2015. The order denied the motion of respondent for leave to reargue its opposition to the petition to vacate an arbitrator’s award.

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Memorandum: We agree with petitioner that respondent’s appeal must be dismissed because no appeal lies from an order denying a motion for leave to reargue (see Miller v Ludwig, 126 AD3d 1397, 1398; Empire Ins. Co. v Food City, 167 AD2d 983, 984).

Entered: December 23, 2016 Frances E. Cafarell Clerk of the Court