New York Consolidated Laws, Civil Practice Law and Rules - CVP § 5517. Subsequent orders

1. the granting of a motion for reargument or the granting of an order upon reargument making the same or substantially the same determination as is made in the order appealed from;  or

2. the granting of a motion for resettlement of the order appealed from;  or

3. the denial of a motion, based on new or additional facts, for the same or substantially the same relief applied for in the motion on which the order appealed from was made.