Lance R. Cuebas v Curtis Smith

Cuebas v Smith 2005 NY Slip Op 09434 [24 AD3d 200] December 8, 2005 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 15, 2006

Lance R. Cuebas, an Infant, by Lucretia Richardson, His Mother and Natural Guardian, et al., Respondents,
v
Curtis Smith, Jr., Appellant.

—[*1]Appeal from order, Supreme Court, Bronx County (Norma Ruiz, J.), entered on or about March 6, 2002, which, upon defendant's motion denominated one to renew and reargue a prior order of the same court (George Friedman, J.), entered July 30, 2001, which had granted plaintiffs' motion for a default judgment for failure of defendant to timely appear, treated the renewal/reargument motion as being solely for reargument and denied the motion, unanimously dismissed, without costs.

The court properly treated the motion as one for reargument only, and the court's denial of such motion is nonappealable (CPLR 5701 [a] [2] [viii]). Concur—Tom, J.P., Friedman, Nardelli, Sweeny and Malone, JJ.