Philpott v. Bernales

OPINION OF THE COURT

Memorandum.

On the court’s own motion, the appeals are consolidated for purposes of disposition.

Appeal from order entered March 1, 2002 dismissed. Although the motion is denominated as a motion to renew and reargue, it is, in substance, a motion to reargue, the denial of which is not appealable (Roman v Konis, 254 AD2d 269 [1998]).

Order entered August 15, 2001 affirmed without costs.

The defendants failed to submit any evidence in admissible form in support of their contention that the Supreme Court struck the note of issue when it marked this case off the trial calendar…