Naso v Naso

Naso v Naso 2013 NY Slip Op 00188 Decided on January 16, 2013 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 16, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM F. MASTRO, J.P.
THOMAS A. DICKERSON
SANDRA L. SGROI
SYLVIA HINDS-RADIX, JJ.
2012-00324
(Index No. 21438/09)

[*1]Catherine Naso, appellant,

v

Joseph Naso, respondent.




Joseph D. Manno, Staten Island, N.Y., for appellant.
Vishnick McGovern Milizio, LLP, Lake Success, N.Y.
(Avrohom Gefen of counsel), for respondent.


DECISION & ORDER

In an action, inter alia, to recover damages for breach of fiduciary duty, the plaintiff appeals from an order of the Supreme Court, Nassau County (Parga, J.), entered November 22, 2011, which denied her motion for leave to reargue her opposition to the defendant's motion for summary judgment dismissing her amended complaint as time-barred, which was granted in an order of the same court entered August 3, 2011.

ORDERED that the appeal is dismissed, with costs, as no appeal lies from an order denying reargument (see Matter of Aiani v Donovan, 98 AD3d 972; HSBC Bank USA, N.A. v Posy, 98 AD3d 945, 946).
MASTRO, J.P., DICKERSON, SGROI and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court