Duffy v. Holt-Harris

198 A.D.2d 326, 605 N.Y.S.2d 889, 1993 N.Y. App. Div. LEXIS 10695

Opinion

—In an action for injunctive relief under 42 USC § 1983, the plaintiff appeals from an order of the Supreme Court, Queens County (Durante, J.), entered October 4, 1991, which denied his motion, denominated as a motion for leave to renew, but which was, in actuality, a motion for reargument of the defendant’s motion to dismiss the complaint, which was granted by decision and order of this Court dated March 12, 1990 (Duffy v Holt-Harris, 159 AD2d 542).

Ordered that the appeal is dismissed, with costs.

The plaintiff’s motion, denominated as a motion for leave to renew, was, in actuality, a motion to reargue. No appeal lies from the denial of reargument. Accordingly, the appeal is dismissed (see, McElroy v Guida, 196 AD2d 859). Sullivan, J. P., Lawrence, O’Brien and Santucci, JJ., concur.