Lieberman-Massoni v Massoni, 2023 NY Slip Op 01787 [215 AD3d 663]

April 5, 2023

Appellate Division, Second Department

[*1]

Stacee Lieberman-Massoni, Respondent-Appellant,

v

John Massoni, Appellant-Respondent.

Joseph R. Miano, White Plains, NY, for appellant-respondent.

Hasapidis Law Offices, South Salem, NY (Annette G. Hasapidis of counsel), for respondent-appellant.

In an action for a divorce and ancillary relief, the defendant appeals, and the plaintiff cross-appeals, from an order of the Supreme Court, Westchester County (Gretchen Walsh, J.), dated April 30, 2019. The order, insofar as appealed from, denied in part the defendant’s motion for leave to reargue a decision after trial dated October 5, 2018. The order, insofar as cross-appealed from, granted in part the defendant’s motion for leave to reargue the decision.

Ordered that the appeal and cross-appeal are dismissed, without costs or disbursements.

The appeal and cross-appeal from the order which, as is relevant here, denied in part and granted in part the defendant’s motion for leave to reargue a decision after trial dated October 5, 2018, must be dismissed. No appeal lies from an order denying reargument of a decision ( see Spodek v Neiss , 304 AD2d 557 [2003]; Yan v Klein , 266 AD2d 209 [1999]), or from an order made upon reargument of a decision ( see Stein v Club Med Sales , 239 AD2d 402 [1997]; Stockfield v Stockfield , 131 AD2d 834 [1987]). Duffy, J.P., Iannacci, Rivera and Zayas, JJ., concur..