Southampton Brick & Tile, LLC v. Suffolk County National Bank

*881The appeal from so much of the order dated January 16, 2009, as denied that branch of the appellant’s motion which was for leave to reargue must be dismissed, as no appeal lies from an order denying reargument. The appeal from the remainder of the order dated January 16, 2009, is dismissed as academic in light of our determination on the appeal from the order dated August 5, 2008.

Contrary to the Supreme Court’s determination, the petitioner established that it properly commenced this proceeding by submitting a copy of the petition annexed to the order to show cause, which was date stamped by…