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CAPITAL RESOURCES CORP. v. AUGUSTE

283 A.D.2d 453 (2001)

724 N.Y.S.2d 628

CAPITAL RESOURCES CORP., Respondent, v. ANNE M. AUGUSTE, Appellant, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided May 14, 2001.

Ordered that the appeal is dismissed, with costs.

The appellant's motion, characterized as one for leave to renew and reargue, was not based upon new facts which were unavailable at the time of her original motion. Therefore, her motion was, in fact, a motion for leave to reargue, the denial of which is not appealable (see, Bossio v Fiorillo, 222 A.D.2d 476; Halliday v Halliday...

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