Avelo Mtge., LLC v McFarlane (2018 NY Slip Op 02275)

Avelo Mtge., LLC v McFarlane

2018 NY Slip Op 02275 [159 AD3d 662]

March 29, 2018

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, May 2, 2018

[*1]

Avelo Mortgage, LLC, Appellant,
v
Ainsley McFarlane et al., Respondents.

Leopold & Associates, PllC, Armonk (Erin E. Wietecha of counsel), for appellant.

Kenneth R. Berman, Forest Hill, for respondents.

Appeal from order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered July 29, 2016, which denied plaintiff's motion to vacate the dismissal of the action and restore the action to the calendar and to appoint a referee to compute and for related relief, unanimously dismissed, without costs.

This motion to vacate a dismissal order was brought pursuant to CPLR 2221 (a) and is in fact a motion for reargument. No appeal lies from the denial of reargument (McCoy v Metropolitan Transp. Auth., 75 AD3d 428, 430 [1st Dept 2010]). Concur—Sweeny, J.P., Renwick, Manzanet-Daniels, Kahn, Kern, JJ.