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IN THE MATTER OF CARVEL
Appellate Division of the Supreme Court of New York, Second Department.
Mar 3, 2003
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DECISION ORDER
ORDERED that the appeal is dismissed, without costs or disbursements.
While a substantial right of a party is affected by an order denying that party's motion for relief without prejudice to renewal (see Drepaul v. Allstate Ins. Co., 299 A.D.2d 391), where, as here, the party seeking to appeal was the successful opponent of such a motion, that party is not aggrieved (see Drepaul v. Allstate Ins. Co., supra; Bird v. Bird, 111 A.D.2d 204).
SANTUCCI, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.
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