Appeal from *1437an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered September 10, 2008 in a divorce action. The order, among other things, denied defendant’s request to reopen the previous denial of defendant’s application for maintenance.
It is hereby ordered that said appeal is unanimously dismissed without costs (see Mergl v Mergl, 19 AD3d 1146, 1147 [2005]). Present—Scudder, P.J., Martoche, Fahey, Peradotto and Green, JJ.