Appeal from an order of the Civil Court of the City of New York, Queens County (Anna Culley, J.), entered May 11, 2012. The order denied plaintiff's motion, in effect, for leave to reargue her opposition to defendant's prior motion for summary judgment dismissing the complaint, which prior motion had been granted in a prior order of the same court dated November 25, 2011.

ORDERED that the appeal is dismissed.

In this action for medical malpractice, plaintiff denominated her motion giving rise to the order appealed from as one to "vacate" an order of the Civil Court dated November 25, 2011, which had granted defendant's prior motion for summary judgment dismissing the complaint. However, a reading of the papers submitted in support of plaintiff's motion reveals that it was actually a motion for leave to reargue her opposition to defendant's prior motion. By order entered May 11, 2012, the Civil Court denied plaintiff's motion. As plaintiff's motion was not based on any new proof but rather sought to convince the Civil Court to change its decision (see Siegel, NY Prac § 254, at 449 [5th ed]), the denial thereof is not appealable (see e.g. Bermudez v City of New York, 66 AD3d 724 [2009]; Trahan v Galea, 48 AD3d 791 [2008]; Eight in One Pet [*2]Prods. v Janco Press, Inc., 37 AD3d 402 [2007]).

Accordingly, the appeal is dismissed.

Pesce, P.J., Weston and Rios, JJ., concur.
Decision Date: December 09, 2013