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Flaherty v General Cas. Ins. Co. of Wis.
2008 NY Slip Op 50527(U) [19 Misc 3d 129(A)]
Decided on March 11, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 11, 2008
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : McCABE, J.P., TANENBAUM and MOLIA, JJ
2006-1865 S C.

James E. Flaherty, Appellant,

against

General Casualty Insurance Company of Wisconsin NAIC #24414 d/b/a General Casualty Insurance Companies D/b/a Blue Ridge Insurance Company, Respondent.


Consolidated appeal from orders of the District Court of Suffolk County, Sixth District (Gigi A. Spelman, J.), dated August 9, 2006 and October 25, 2006. The order dated August 9, 2006 denied plaintiff's motion "for reconsideration and amendment" of an order dated October 21, 2005 denying plaintiff's motion to vacate a default and to restore the case to the calendar. The order dated October 25, 2006, insofar as appealed from as limited by the brief, denied plaintiff's motion for "leave to refile" the action.


Appeal from order dated August 9, 2006 dismissed.

Order dated October 25, 2006, insofar as appealed from, affirmed without costs.

Plaintiff's motion "for reconsideration and amendment" of the order denying his motion to vacate an order entered upon default was, in effect, a motion for leave to reargue, the denial of which is not appealable (see Bossio v Fiorillo, 222 AD2d 476 [1995]).

With respect to plaintiff's motion for "leave to refile" the action, which was denied by the order dated October 25, 2006, we agree with the court below that the motion lacks merit. Accordingly, the order, insofar as appealed from, is affirmed.

McCabe, J.P., Tanenbaum and Molia, JJ., concur.
Decision Date: March 11, 2008