Opinion
October 5, 1998
Appeal from the Supreme Court, Orange County (Peter C. Patsalos, J.).
Ordered that the appeal is dismissed, with costs.
The plaintiffs' motion, denominated as one for renewal and reargument, was, in effect, a motion to reargue, since the purportedly new material could have been submitted in support of the original motion to restore the case to the trial calendar ( see, Taylor v. Brooklyn Hosp., 187 A.D.2d 714, 715; Echeverri v. Flushing Hosp. Med. Ctr., 123 A.D.2d 818, 819). Consequently, the order denying the motion is not appealable ( see, Ackermann v. Town of Riverhead, 245 A.D.2d 404; Castellitto v. Atlantic Pac. Co., 244 A.D.2d 379; Guigui v. Bonnie Castle Resort, 239 A.D.2d 315).
Miller, J. P., Thompson, Pizzuto, McGinity and Luciano, JJ., concur.