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Silverstein v. Silverstein

Appellate Division of the Supreme Court of New York, First Department
May 12, 1987
130 A.D.2d 369 (N.Y. App. Div. 1987)

Opinion

May 12, 1987

Appeal from the Supreme Court, Bronx County (George Postel, Judicial Hearing Officer).


The order appealed from is a denial of defendant Jo Ann Silverstein's motion for reargument, denominated as one for reconsideration, of a prior order of Judicial Hearing Officer Postel, which denied her request to compel the sale to her of certain property jointly owned by the parties. We are unable to address the merits of this matter, since no appeal lies from an order denying a motion for reargument. Additionally, because no new facts were presented on this motion which were unavailable to defendant at the time of the original motion, the order cannot be deemed a denial of a motion for renewal, from which an appeal may lie. (See, Foley v. Roche, 68 A.D.2d 558, 568.) Accordingly, the appeal must be dismissed.

Concur — Murphy, P.J., Kupferman, Carro, Wallach and Smith, JJ.


Summaries of

Silverstein v. Silverstein

Appellate Division of the Supreme Court of New York, First Department
May 12, 1987
130 A.D.2d 369 (N.Y. App. Div. 1987)
Case details for

Silverstein v. Silverstein

Case Details

Full title:ABRAHAM SILVERSTEIN, Respondent, v. JO ANN SILVERSTEIN, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 12, 1987

Citations

130 A.D.2d 369 (N.Y. App. Div. 1987)

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