Appeal from an order of the Court of Claims (Ferreira, J.), entered February 25, 2010, which denied claimant's motion for reargument.
The opinion of the court was delivered by: Stein, J.
Decided and Entered: January 20, 2011
Calendar Date: December 14, 2010
Before: Cardona, P.J., Malone Jr., Stein, McCarthy and Egan Jr., JJ.
Claimant, an inmate, was allegedly injured in November 2008 when a prison vehicle, in which he was being taken for medical treatment, struck another vehicle. In April 2009, claimant moved for permission to file a late notice of intention to file a claim and to file a claim against defendant for his alleged injuries. The Court of Claims denied the motion and claimant did not file a notice of appeal from that determination. Claimant thereafter moved for reargument. The Court of Claims denied the motion and claimant now appeals from that order. Inasmuch as the denial of a motion for reargument is not appealable, this appeal must be dismissed (see Matter of Jackson v Smith, 6 AD3d 1016, 1017 n , lv denied 3 NY3d 667 ; Matter of Suarez v Filion, 281 AD2d 743, 744 ).
Cardona, P.J., Malone Jr., McCarthy and Egan Jr., JJ., concur.
ORDERED that the appeal is dismissed, without costs.
Robert D. Mayberger Clerk of the Court
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