[*1]
Discover Bank v Kaminsky
2006 NY Slip Op 51274(U) [12 Misc 3d 137(A)]
Decided on June 28, 2006
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This opinion is uncorrected and will not be published in the printed Official Reports.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 June 28, 2006
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT:: ANGIOLILLO, J.P., McCABE and TANENBAUM, JJ
2005-1543 N C.

Discover Bank, Respondent,

against

Norman Kaminsky, Appellant.


Appeal from an order of the District Court of Nassau County, First District (Martin J. Massel, J.), entered June 22, 2005. The order denied defendant's motion for reargument.


Appeal dismissed.

Defendant's appeal from an order denying his motion for reargument must be dismissed as the denial of such a motion is not appealable (see Kahlke v Buscemi, 12 AD3d 488 [2004]). We further note that to the extent defendant seeks to appeal the [*2]
denial of his application for an order to show cause seeking to quash an information subpoena, no appeal lies therefrom (see UDCA 1702 [a] [2]; Poplar Realty v Po, 3 Misc 3d 22 [App Term, 2d & 11th Jud Dists 2003]; cf. CPLR 5704 [b]).

Angiolillo, J.P., McCabe and Tanenbaum, JJ., concur.
Decision Date: June 28, 2006