| Hoover v State of New York |
| 2011 NY Slip Op 00304 [80 AD3d 1020] |
| January 20, 2011 |
| Appellate Division, Third Department |
| Leroy Hoover, Appellant, v State of New York,Respondent. |
—[*1]
Stein, J. Appeal from an order of the Court of Claims (Ferreira, J.), entered February 25,2010, which denied claimant's motion for reargument.
Claimant, an inmate, was allegedly injured in November 2008 when a prison vehicle, inwhich he was being taken for medical treatment, struck another vehicle. In April 2009, claimantmoved for permission to file a late notice of intention to file a claim and to file a claim againstdefendant for his alleged injuries. The Court of Claims denied the motion and claimant did notfile a notice of appeal from that determination. Claimant thereafter moved for reargument. TheCourt of Claims denied the motion and claimant now appeals from that order. Inasmuch as thedenial of a motion for reargument is not appealable, this appeal must be dismissed (see Matter of Jackson v Smith, 6 AD3d1016, 1017 n [2004], lv denied 3 NY3d 667 [2004]; Matter of Suarez vFilion, 281 AD2d 743, 744 [2001]).
Cardona, P.J., Malone Jr., McCarthy and Egan Jr., JJ., concur. Ordered that the appeal isdismissed, without costs.