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Cicero v Emery, Celli, Brinckerhoff & Abady, LLP
2009 NY Slip Op 52613(U) [26 Misc 3d 127(A)]
Decided on December 18, 2009
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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 18, 2009
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : GOLIA, J.P., PESCE and WESTON, JJ
2009-496 RI C.

Nicholas Cicero, Appellant,

against

Emery, Celli, Brinckerhoff & Abady, LLP, Respondent.


Appeal from an order of the Civil Court of the City of New York, Richmond County (Peter Paul Sweeney, J.), entered January 21, 2009. The order denied plaintiff's motion for leave to reargue defendant's prior motion to dismiss the action.


ORDERED that the appeal is dismissed.

In this small claims action to recover attorney's fees that plaintiff had paid to defendant, defendant successfully moved to dismiss the action, and plaintiff subsequently moved for leave to reargue. Since the Civil Court denied plaintiff's motion for leave to reargue, plaintiff's appeal must be dismissed, as no appeal lies from an order denying leave to reargue (see Andre v City of New York, 47 AD3d 605 [2008]).

Golia, J.P., Pesce and Weston, JJ., concur.
Decision Date: December 18, 2009