IN RE: WAYNE T.I. (2008)

 Respondent Onondaga County Department of Social Services (DSS) appeals from an order that, inter alia, denied its amended motion seeking “leave to reargue, renew and resettle” an order from which no appeal was perfected.   DSS contends that Family Court erred in denying that part of its amended motion seeking leave to reargue.   The appeal from that part of the order must be dismissed (see Empire Ins. Co. v. Food City, 167 A.D.2d 983, 562 N.Y.S.2d 5).   We reject the further contention of DSS that the court erred in denying that part of its amended motion seeking leave to renew.   In support of the amended motion, DSS failed to offer new facts that were unavailable at the time of the prior motion or to offer a valid excuse for its failure to present the allegedly new facts at the time of its prior motion.   Thus, that part of the amended motion purportedly seeking leave to renew was actually one for reargument and, as noted, no appeal lies from that part of the order (see generally Pfeiffer v. Jacobowitz, 29 A.D.3d 661, 662, 815 N.Y.S.2d 165;   Sallusti v. Jones, 273 A.D.2d 293, 294, 710 N.Y.S.2d 547;  Lichtman v. Mount Judah Cemetery, 269 A.D.2d 319, 320, 705 N.Y.S.2d 23, lv. denied in part and dismissed in part 95 N.Y.2d 860, 714 N.Y.S.2d 704, 737 N.E.2d 946).   Furthermore, no appeal lies from that part of the order denying the amended motion of DSS insofar as it sought leave to resettle the prior order inasmuch as DSS sought substantive changes in the prior order (see Brooklyn Union Gas Co. v. Interboro Asphalt Surface Co., 303 A.D.2d 532, 536, 757 N.Y.S.2d 72, lv. denied 100 N.Y.2d 506, 763 N.Y.S.2d 812, 795 N.E.2d 38;   Matter of Sherman N., 267 A.D.2d 312, 699 N.Y.S.2d 895).   Thus, the appeal from that part of the order must also be dismissed.

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

MEMORANDUM: