Albion Grain Co. v. Howard Farms, Inc.

Order unanimously reversed, with costs, and motion denied. Memorandum: The court erred in vacating a conditional order of preclusion, made after the time to appeal therefrom had expired, upon motion by plaintiff to resettle and amend. “A motion to reargue may not be used by a party to extend its time to appeal; such motion must be made before the expiration of the time in which to appeal from the determination of the original motion (Liberty Nat. Bank & Trust Co. v Bero Constr. Corp., 29 AD2d 627; Matter of Huie [Furman], 20 NY2d 568). An appeal from the order must be taken within 30 days…