BROWN v. SMITH

Ordered that the appeal is dismissed, without costs or disbursements.

Only an aggrieved party or a person substituted for him or her may appeal from an appealable judgment or order ( see CPLR 5511; Swazey v Pathmark Stores, Inc., 74 AD3d 786, 787). "Where a party obtains the relief [he or she] seeks from the Supreme Court, [that party] is not aggrieved" ( AMS Prods., LLC v Signorile, 66 AD3d 929; see DiMare v O'Rourke, 35 AD3d 346). Here, the final order appealed from granted the appellant's oral application, in effect, to withdraw the petition to invalidate the petition designating Malcolm A. Smith as a candidate in the primary election. Therefore, the appellant is not aggrieved by the final order, and the appeal must be dismissed ( see AMS Prods., LLC v Signorile, 66 AD3d at 929).

We note that the appellant failed to properly commence a separate proceeding to validate his designating petition by not purchasing a second index number ( see Matter of White v Bilal, 21 AD3d 573, 574; Matter of Mennella v Deputy Chief Admin. Judge, N.Y. City Cts., 302 AD2d 530, 530-531; Matter of Pal v Aponte, 237 AD2d 443, 444).