MANHATTAN TELECOMMUNICATIONS CORPORATION v. Leo L. Esses, Nonparty-Respondent. (2023)

Appeal from order, Supreme Court, New York County (Kathy J. King, J.), entered December 15, 2021, which, to the extent appealed from as limited by the briefs, denied plaintiff's motion for leave to reargue and renew its motion to sanction defendant's counsel, unanimously dismissed, without costs.

Plaintiff's appeal from the portion of the order that denied leave to reargue plaintiff's motion for sanctions is dismissed because no appeal lies as of right from an order denying reargument (see CPLR 5701[a][2];  Kitchen v. Diakhate, 68 A.D.3d 570, 570, 889 N.Y.S.2d 846 [1st Dept. 2009]).

Furthermore, plaintiff's appeal from the portion of the order that denied leave to renew its motion is dismissed for failure to prepare a proper appellate record.  The appellate record, which was plaintiff's responsibility to compile, does not include either the motion for sanctions or the underlying motion to dismiss, on which the motion is partially based.  As a result, it is impossible to meaningfully review the denial of the motion for leave to renew, which was premised on Supreme Court's determination that plaintiff did not present new facts in support of its request for renewal but merely rehashed its prior arguments (see CPLR 5526;  Quezada v. Mensch Mgt. Inc., 89 A.D.3d 647, 647, 933 N.Y.S.2d 276 [1st Dept. 2011];  UBS Sec. LLC v. Red Zone LLC, 77 A.D.3d 575, 579, 910 N.Y.S.2d 55 [1st Dept. 2010], lv denied 17 N.Y.3d 706, 2011 WL 2568003 [2011]).