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In re the Estate of Monnin

221 A.D.2d 973 Court N.Y. App. Div. Decision date 1995-11-15 Docket Appeal No. 2 English

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p. 973
In the Matter of the Estate of William A. Monnin, Jr., Deceased. Rose Marie Monnin, Appellant; William A. Monnin, Sr., Respondent.
(Appeal No. 2.)
[635 NYS2d 574]

—Appeal from order insofar as it denied reargument unanimously dismissed and order affirmed without costs. Memorandum: We affirm that part of the order that denied petitioner’s motion for summary judgment without prejudice. The appeal from that part of the order that denied petitioner’s motion to reargue a prior motion is dismissed. An order denying a motion to reargue is not appealable (see, Empire Ins. Co. v Food City, 167 AD2d 983 , 984; Siegel, Practice Commentaries, McKinney’s

p. 974
Cons Laws of NY, Book 7B, CPLR C2221:9, at 185). (Appeal from Order of Genesee County Surrogate’s Court, Morton, S.— Reargument.) Present—Lawton, J. P., Fallon, Callahan, Davis and Boehm, JJ.