Flock v. Flock

Appellate Division of the Supreme Court of New York

Flock v. Flock

81 A.D.2d 605, 441 N.Y.S.2d 404, 1981 N.Y. App. Div. LEXIS 11093

Appellate Division of the Supreme Court of the State of New York·Decided April 13, 1981·Published·Cited by 4 cases

Opinion

— In a matrimonial action, the defendant appeals from an order of the Supreme Court, Dutchess County, dated February 26, 1980, which denied his motion for “leave to reargue and renew” his prior application to vacate a default judgment entered against him. Appeal dismissed, with $50 costs and disbursements. Defendant’s motion to reargue and renew was, in reality a motion only to reargue, as no new matter was presented which was unavailable to the defendant prior to the denial of his application to vacate a default judgment (Matter of Samson v County of Nassau, 78 AD2d 657). An order denying a motion for leave to reargue is not appealable. Moflen, P. J., Hopkins, Weinstein and Thompson, JJ., concur.

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— In a matrimonial action, the defendant appeals from an order of the Supreme Court, Dutchess County, dated February 26, 1980, which denied his motion for “leave to reargue and renew” his prior application to vacate a default judgment entered against him. Appeal dismissed, with $50 costs and disbursements. Defendant’s motion to reargue and renew was, in reality a motion only to reargue, as no new matter was presented which was unavailable to the defendant prior to the denial of his application to vacate a default judgment (Matter of Samson v County of Nassau, 78 AD2d 657). An order denying a motion for leave to reargue is not appealable. Moflen, P. J., Hopkins, Weinstein and Thompson, JJ., concur.

Flock v. Flock, 81 A.D.2d 605, 441 N.Y.S.2d 404, 1981 N.Y. App. Div. LEXIS 11093 (N.Y. Ct. App. 1981).

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81 A.D.2d 605 (Flock v. Flock) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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