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Citibank (SD) N.A. v Goetz
2010 NY Slip Op 50386(U) [26 Misc 3d 142(A)]
Decided on March 8, 2010
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This opinion is uncorrected and will not be published in the printed Official Reports.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 8, 2010
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : NICOLAI, P.J., TANENBAUM and MOLIA, JJ
2009-1099 S C.

Citibank (South Dakota) N.A., Respondent,

against

Stephen B. Goetz, Appellant.


Appeal from an order of the District Court of Suffolk County, Fourth District (Kevin J. Crowley, J.), entered May 1, 2009. The order denied defendant's motion for leave to reargue a prior motion.


ORDERED that the appeal is dismissed.

In this action to recover the principal sum of $5,806.96 for breach of a credit card agreement, plaintiff moved for summary judgment, which motion was granted on defendant's default. After defendant's motion to open his default was denied, defendant moved for leave to reargue. The District Court denied defendant's motion for leave to reargue, following which defendant again moved for leave to reargue. The order from which this appeal ensued denied defendant's second motion for leave to reargue. Defendant's appeal must be dismissed, as no appeal lies from an order denying a motion for leave to reargue (see Andre v City of New York, 47 AD3d 605 [2008]).

Nicolai, P.J., and Tanenbaum, J., concur.

Molia, J., taking no part.
Decision Date: March 08, 2010