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PHILPOTT v. BERNALES

196 Misc.2d 117 (2003)

762 N.Y.S.2d 771

CHARLES PHILPOTT, an Infant, by His Mother and Natural Guardian, ROSEANNE PHILPOTT, et al., Respondents, v. EDUARDO BERNALES et al., Appellants.

Supreme Court, Appellate Term, Second Department.

May 15, 2003.

Attorney(s) appearing for the Case

Leahey & Johnson, P.C., New York City (Peter James Johnson, Jr., of counsel), for appellants.

Simonson Hess & Leibowitz, P.C., New York City (Edward S. Goodman of counsel), for respondents.

PESCE, P.J., and ARONIN, J., concur; GOLIA, J., dissents in part and concurs in part in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

On the court's own motion, the appeals are consolidated for purposes of disposition.

Appeal from order entered March 1, 2002 dismissed. Although the motion is denominated as a motion to renew and reargue, it is, in substance, a motion to reargue, the denial of which is not appealable (Roman v Konis, 254 A.D.2d 269 [1998]).

Order entered August 15, 2001 affirmed without...

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