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Paul M. Grappell v. Rosa Grant

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS


January 24, 2012

PAUL M. GRAPPELL,
RESPONDENT, --
v.
ROSA GRANT, APPELLANT.

Appeal from an order of the District Court of Suffolk County, First District (Dennis M. Cohen, J.), dated August 31, 2010.

Grappell v Grant

Decided on January 24, 2012

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

PRESENT: NICOLAI, P.J., MOLIA and IANNACCI, JJ

The order denied defendant's motion for leave to reargue a prior motion to vacate a judgment entered against her.

ORDERED that the appeal is dismissed.

In this action by a physician to recover for medical services rendered, an arbitration proceeding was held on September 30, 2005, pursuant to 22 NYCRR part 28, after which plaintiff was awarded judgment in the principal sum of $875. The award was filed with the court and mailed to the parties, and a judgment was entered on November 29, 2005.

By order to show cause dated May 12, 2010, defendant moved to vacate the judgment, which motion was denied by order dated June 22, 2010. Defendant thereafter moved for leave to reargue her motion to vacate. By order dated August 31, 2010, the District Court denied defendant's motion for leave to reargue.

Defendant's appeal must be dismissed, as no appeal lies from an order denying a motion for leave to reargue (see Andre v City of New York, 47 AD3d 605 [2008]; DeFreitas v Board of Educ. of City of Mount Vernon Dist. No. 416, 129 AD2d 672 [1987]).

Nicolai, P.J., Molia and Iannacci, JJ., concur.

Decision Date: January 24, 2012

20120124

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