| Matter of New S. Ins. Co. v Rosado |
| 2015 NY Slip Op 01458 [125 AD3d 867] |
| February 18, 2015 |
| Appellate Division, Second Department |
[*1]
| In the Matter of New South Insurance Company,Respondent, v Ashley Rosado et al., Appellants. |
Jonathan Silver, Kew Gardens, N.Y., for appellants.
Carcagno & Associates (McCabe, Collins, McGeough & Fowler, LLP,Carle Place, N.Y. [Patrick M. Murphy and Teresa Campano], of counsel), forrespondent.
In a proceeding, inter alia, to permanently stay arbitration of an uninsured motoristclaim, Ashley Rosado and Carmelo Rosado appeal, as limited by their brief, from somuch of an order of the Supreme Court, Queens County (Raffaele, J.), entered April 22,2014, as denied their motion, denominated as one for leave to renew and reargue, butwhich was, in actuality, one for leave to reargue their opposition to the petition, inter alia,to permanently stay the arbitration, which had been granted in a prior order enteredMarch 3, 2014.
Ordered that the appeal from the order entered April 22, 2014, is dismissed, withcosts.
The appellants' motion, denominated as one for leave to renew and reargue, did notoffer any new facts not previously offered in support of their opposition to the petition,inter alia, to permanently stay arbitration. Since this motion, denominated as one forleave to renew and reargue, was, in actuality, solely one for leave to reargue, the appealmust be dismissed, as the denial of reargument is not appealable (see CPLR 2221[d] [2]; [e] [2]; Vigo v 501Second St. Holding Corp., 100 AD3d 872, 872-873 [2012]; Walter v Castrataro, 94 AD3d872, 873 [2012]; Gelobter vFox, 90 AD3d 829, 830 [2011]). Leventhal, J.P., Hall, Austin and Sgroi, JJ.,concur.