WEIR v. NORTHWELL HEALTH INC (2023)

DECISION & ORDER

In an action, inter alia, to recover damages for employment discrimination in violation of the New York State Human Rights Law, the plaintiff appeals from an order of the Supreme Court, Nassau County (Randy Sue Marber, J.), entered December 11, 2020.  The order denied the plaintiff's motion for leave to reargue his opposition to the defendant's motion to dismiss the complaint and the plaintiff's cross-motion for leave to amend the complaint, which prior motion and cross-motion had been granted and denied, respectively, in an order of the same court entered May 14, 2020.

ORDERED that the appeal is dismissed, without costs or disbursements.

In this action, inter alia, to recover damages for employment discrimination in violation of the New York State Human Rights Law, the plaintiff appeals from an order which denied his motion for leave to reargue his opposition to the defendant's motion to dismiss the complaint and his cross-motion for leave to amend the complaint.  The Supreme Court had granted the defendant's motion, and had denied the plaintiff's cross-motion in an order entered May 14, 2020.

The appeal must be dismissed, as no appeal lies from an order denying reargument (see Vaccaro v. Francolopez, 205 A.D.3d 759, 760, 165 N.Y.S.3d 705;  Wang v. State of New York, 203 A.D.3d 1215, 1216, 163 N.Y.S.3d 437).

BARROS, J.P., MALTESE, DOWLING and VOUTSINAS, JJ., concur.