Limwongse v Scott Michael Mishkin, P.C.

[*1] Limwongse v Scott Michael Mishkin, P.C. 2008 NY Slip Op 51102(U) [19 Misc 3d 143(A)] Decided on May 27, 2008 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 This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on May 27, 2008
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., TANENBAUM and MOLIA, JJ
2007-445 S C.

Laddavalaya Limwongse, Appellant,

against

Scott Michael Mishkin, P.C., Respondent.

Appeal from an order of the District Court of Suffolk County, First District (James P. Flanagan, J.), dated January 23, 2007. The order denied plaintiff's motion for leave to reargue.

Appeal dismissed.

After an arbitration proceeding was held pursuant to the rules of the Fee Dispute Resolution Program (Rules of the Chief Administrator [22 NYCRR] part 137), plaintiff commenced the instant action, seeking de novo review of the arbitrator's award rendered in that proceeding (see Rules of the Chief Administrator [22 NYCRR] § 137.8
[a]). Subsequently, defendant successfully moved for summary judgment dismissing the complaint, and plaintiff moved for reargument. Since the lower court denied her motion to reargue, plaintiff's appeal from such order must be dismissed, as no appeal lies from an order denying reargument (Malik v Campbell, 289 AD2d 540 [2001]; Grace v Anker Mgt., 8 Misc 3d 132[A], 2005 NY Slip Op 51085[U] [App Term, 9th & 10th Jud Dists 2005]).

Rudolph, P.J., Tanenbaum and Molia, JJ., concur.