Opinion
November 13, 1990
Appeal from the Supreme Court, Nassau County (Wager, J.).
Ordered that the appeal is dismissed, without costs or disbursements.
The plaintiff's motion, although characterized as one for renewal and reargument of the defendants' motion for summary judgment, was, in actuality, a motion for reargument since it was not based upon new facts which were unavailable at the time she submitted her original opposition to the motion (see, Huttner v. McDaid, 151 A.D.2d 547; Gulledge v. Adams, 108 A.D.2d 950). An order denying reargument is not appealable (see, Mgrditchian v. Donato, 141 A.D.2d 513; DeFreitas v. Board of Educ., 129 A.D.2d 672). In any event, even if the motion were deemed to be one for renewal, it was properly denied since the plaintiff failed to offer any acceptable excuses for her failure to submit the "additional" material in opposition to the original motion (see, Weisse v. Kamhi, 129 A.D.2d 698; Mayer v. McBrunigan Constr. Corp., 123 A.D.2d 606; Caffee v. Arnold, 104 A.D.2d 352). Bracken, J.P., Kunzeman, Kooper and Balletta, JJ., concur.